STATE  PAPERS 


ON 


NULLIFICATION: 


INCLUDING  THE  PUBLIC  ACTS  OF  THE 


CONVENTION  OF  THE  PEOPLE 


SOUTH   CAROLINA, 


ASSEMBLED  AT 


COLUMBIA,  NOVEMBER  19,  1832  AND  MARCH  11,  1833; 


THE 


p  a  o-c  L:\MATIO-N 


of  tljr  SlntttU 


AND    THE 


PROCEEDINGS   OF    THE    SEVERAL    STATE    LEGISLATURES 


WHICH  HAVE  ACTED  ON  THE  SUBJECT. 


COLLECTED  AND  PUBLISHED 
BY  ORDER  OF  THE  GENERAL,  COURT  OF  MASSACHUSETTS, 

Under  the  direction  of  the  Committee  on  the  Library. 


DUTTON  AND  WENTWORTH,  PRINTERS  TO  THE  STATE. 
1834. 


of 


HOUSE  OF  REPRESENTATIVES,  MARCH  26,  1833. 

Ordered,  That  the  Joint  Committee  on  the  Library  be  instruct 
ed  to  collect  the  documents  received  from  the  State  of  South 
Carolina  on  the  subject  of  Nullification,  the  Proclamation  of  the 
President  of  the  United  States,  and  the  communications  from 
the  several  States  in  relation  thereto,  and  to  cause  the  same  to 
be  printed  and  bound,  for  the  use  of  the  members  of  this  Legis 
lature. 

Sent  up  for  concurrence. 

L.  S.  CUSHJNG,  Clerk. 


IN  SENATE,  MARCH  26,  1833 
Concurred. 

CHA'S.  CALHOUN,  Clerk. 


TABLE  OF  CONTENTS. 


In  the  following  table,  the  titles  of  all  the  papers  comprehended  in  the 
volume,  a  few  of  which  were  received  too  late  to  be  inserted  in  their  pro 
per  places,  are  arranged  in  the  natural  order  of  the  subjects,  with  refer 
ences  to  the  pages  at  which  they  respectively  appear. 


Journal  of  the  Convention  of  the  People  of  South  Carolina,  assem 
bled  at  Columbia,  November  19,  1832,  295 
Report  of  a  Committee  of  the  Convention,  to  whom  was  referred 
an  Act  to  provide  for  calling  a  Convention  of  the  People 

of  South  Carolina, 1 

An  Ordinance  to  nullify  certain  Acts  of  the  Congress  of  the  United 
States,  purporting  to  be  laws  laying  duties  and  imposts  on 
the  importation  of  foreign  commodities,  ....  33 

Address  to  the  People  of  South  Carolina,  by  their  Delegates  in 

Convention, 37 

"        to  the  People  of  the  United  States,  by  the  Convention  of 

the  People  of  South  Carolina, 59 

Proclamation  of  the  President  of  the  United  States  of  America,      „  75 

Resolves  on  the  proceedings  of  the  Convention  of  the  People  of" 
South  Carolina,  and  on  the  Proclamation  of  the  Pre 
sident  of  the  United  States,  by  the  Legislature  of  New 

Hampshire, 101 

"         on  the  same  subjects,  by  the  Legislature  of  Maine,          .          105 
Report  of  a  Committee  of  the  Legislature  of  Massachusetts,  on  the 

same  subjects,        .........          112 


VI 

Resolves  on  the  same  subjects,  by  the  Legislature  of  Massachusetts,          328 
«         «  "  "  «  "  Connecticut,  .          285 

Report  on  the  same  subjects,  of  a  Committee  of  the  Legislature  of 

New  York, 133 

Resolves  on  the  same  subjects,  by  the  Legislature  of  New  York,          158 
«          «  "  "  «  "  N.    Jersey,          163 

"         «  «  «  "  "  Pennsylvania,      169 

Report  on  the  same  subjects,  of  a  Committee  of  the  Legislature  of 

Delaware, 175 

Resolves  on  the  same  subjects,  by  the  Legislature  of  Delaware,    .          190 

«          "  "  "  "  "  Maryland,    .          289 

«          "'  "  «  "  "  Virginia,       .          195 

«          «  «  «  "  "  North  Carolina,     201 

"          «  "  "  «  "  Ohio,   .        .          205 

Further  Resolves  of  the  Legislature  of  Ohio,  on  the  same  subjects,          209 

Resolves  on  the  same  subjects,  by  the  Legislature  of  Indiana,        .          213 

«          «  "  "  "  "  Illinois,         .          377 

Report  on  the  same  subjects,  of  a  Committee  of  the  Legislature 

ofAlabama, ...          219 

Resolves  on  the  same  subjects,  by  the  Legislature  ofAlabama,       .          222 
Recommendations  of  the  Legislature  of  Alabama  to  the  President 
of  the  United  States,  to  the  State  of  South  Carolina,  and  to 

the  different  States,  ' 224 

Report  upon  the  same  subjects,  of  a  Committee  of  the  Legislature 

of  Mississippi,   ....          229 

Resolves  on  the  same  subjects,  by  the  Legislature  of  Mississippi,          231 
"         of  the  Legislature  of  South  Carolina,  proposing  a  Con 
vention  of  the  States, 237 

"         proposing  a  Convention  of  the  States,  erroneously  certi 
fied   by  the  authorities  of  Georgia,  as  having  been 
adopted  by  the  Legislature  of  that  State,      .        .        .          238 
Report  of  a  Committee  of  the  Legislature  of  Massachusetts,  on  the 
Resolves  of  South  Carolina,  proposing  a  Convention  of  the 

States, 244 

Resolves  on  the  same  subject,  by  the  Legislature  of  Massachusetts,          256 
"         "  "          "  "  "  Ohio,      .        .          208 

Report  of  a  Committee  of  the  Legislature  of  Massachusetts^  on  the 
supposed  Resolves  of  the  Legislature  of  Georgia,  proposing 

a  Convention  of  the  States, 258 

Resolves  of  the  Legislature  of  Massachusetts,  on  the  same  subject,          267 
Letter  from  the  Governor  of  Georgia  to  the  Governor  of  Massa 
chusetts,  correcting  the  error  committed  in  regard  to  the 
supposed  Resolves  of  the  Legislature  of  Georgia,         .        .          269 


Vll 

Resolves  of  the  Legislature  of  Georgia,  proposing  a  Convention  of 

the  States,  as  in  fact  adopted, 271 

Report  of  a  Committee  of  the  Legislature  of  Mississippi,  on  the 

Georgia  Resolves, 297 

Resolves  of  the  Legislature  of  Mississippi,  on  the  same  subject,      .          280 

Journal  of  the  second  session  of  the  Convention  of  the  People  of 

South  Carolina,  assembled  at  Columbia,  March  H,  1833,      .          321 

Resolves  of  the  Legislature  of  Virginia,  appointing  B.  W.  Leigh, 

Esq.,  Commissioner  to  the  State  of  South  Carolina,      .        .          328 

Correspondence  between  the  Commissioner  of  Virginia  and  the 

Governor  of  South  Carolina, 331 

Report  of  a  Committee  of  the  Convention,  on  the  mediation  of 

Virginia, 347 

"       with  amendments,  as  adopted, 355 

Ordinance  of  the  Convention,  repealing  the  Ordinance  to  nullify 

the  Tariff  Laws, 352 

Report  of  a  Committee  of  the  Convention,  on  the  Act  of  the  Con 
gress  of  the  United  States  further  to  provide  for  the  collec 
tion  of  duties  on  imposts, 363 

Ordinance  to  nullify  an  Act  of  the  Congress,  entitled  an  Act  fur 
ther  to  provide  for  the  collection  of  duties  on  imposts,  com 
monly  called  the  Force  Bill, 373 


REPORT. 


The  Committee  to  whom  was  referred  "the  Act  to  provide  for 
the  calling  of  a  Convention  of  the  people  of  this  State,"  with 
instructions  "to  consider  and  report  thereon,  and  especially 
as  to  the  measures  proper  to  be  adopted  by  the  Convention, 
in  reference  to  the  violations  of  the  Constitution  of  the  United 
States,  in  the  enactment  by  Congress  on  divers  occasions  of 
laws  laying  duties  and  imposts  for  the  purpose  of  encouraging 
and  protecting  domestic  manufactures,  and  for  other  unwar 
rantable  purposes,"  beg  leave  respectfully  to  submit  the  fol 
lowing 

REPORT : 

The  Committee  deeply  impressed  with  the  importance  of  the 
questions  submitted  to  them,  and  the  weight  of  responsibility  in 
volved  in  their  decision,  have  given  to  the  subject  their  most  de 
liberate  and  anxious  consideration.  In  stating  the  conclusions  to 
which  they  have  arrived,  they  feel  that  it  is  due  to  themselves,  to 
this  Convention,  and  to  the  public  at  large,  briefly  to  review  the 
history  of  the  Protecting  system  in  this  country,  to  show  its 
origin,  to  trace  its  progress,  to  examine  its  character,  point 
out  its  evils,  and  suggest  the  appropriate  remedy.  They  pro 
pose  to  execute  this  task  with  all  possible  brevity  and  simplicity, 
sensible  that  the  subject  is  too  well  understood  in  all  its  bear 
ings  to  require  at  this  time  a  very  elaborate  investigation. 


2 

In  the  natural  course  of  human  affairs,  the  period  would  have 
been  very  remote  when  the  people  of  the  United  States  would 
have  engaged  in  manufactures,  but  for  the  restrictions  upon  our 
commerce,  which  grew  put  of  the  war  between  Great  Britain 
and,  Fianeeyand  which  led  to  the  non-intercourse  act,  the  em 
bargo,  and  finally  our  own  war  of  1812.  Cut  off  by  these  events 
from  a  free  commercial  intercourse  with  the  rest  of  the  world, 
the  people  of  the  United  States  turned  their  attention  to  manu 
factures,  and  on  the  restoration  of  peace  in  1815,  an  amount  of 
capital  had  been  already  invested  in  these  establishments,  which 
made  a  strong  appeal  to  the  liberality,  we  might  almost  say  to 
the  justice  of  the  country,  for  protection,  at  least  against  that 
sudden  influx  of  foreign  goods,  which  it  was  feared  would  entirely 
overwhelm  these  domestic  establishments.  When  therefore  in 
1816  it  became  necessary  that  the  Revenue  should  be  brought 
down  to  the  peace  establishment,  by  a  reduction  of  the  duties 
upon  imports,  it  was  almost  by  common  consent  conceded  to 
the  claims  of  the  manufacturers,  that  this  reduction  should  be 
gradual,  and  three  years  were  accordingly  allowed  for  bringing 
down  the  duties  to  the  permanent  revenue  standard,  which  (em 
bracing  all  the  ordinary  expenses  of  the  government,  with  libe 
ral  appropriations  for  the  Navy  and  the  Army,  an  extensive 
system  of  fortifications,  and  the  gradual  extinction  of  the  public 
debt,  then  amounting  to  $130,000,000,)  was  fixed  at  20  per 
cent.  If  the  manufacturers  had  at  that  time  even  hinted  that 
permanent  protection  was  deemed  indispensable  to  their  suc 
cess, — if  the  slightest  suspicion  had  been  entertained  that  in 
stead  of  the  gradual  reduction  expressly  provided  for  by  the  act 
of  1816,  there  would  be  claimed  a  gradual  increase  of  the  pro 
tecting  duties,  and  that  instead  of  being  brought  down  in  three 
years  to  20  per  cent.,  the  duties  were  to  be  carried  up  to 
50  or  100  per  cent.,  and  in  many  cases  to  prohibition, — the  pain 
ful  contest  in  which  the  country  has  been  engaged  for  the  last 
ten  years  on  this  subject  would  have  commenced  immediately, 
and  it  is  confidently  believed  that  in  the  temper  of  the  public 
mind  at  that  time,  ample  security  would  have  been  found  against 
the  introduction  of  such  a  system.  But  in  defiance  of  the  clear 
understanding  of  the  whole  country,  and  in  violation  of  the 
principles  of  justice  and  of  good  faith,  that  part  of  the  act  above- 


3 

mentioned  which  required  that  the  duties  should  be  reduced  in 
three  years  to  20  per  cent.,  was  repealed,  and  a  broad  founda 
tion  thus  laid  for  the  permanent  establishment  of  the  protect 
ing  system.     This  system  has  been  still  further  extended  and 
fortified  by  the  several  successive  acts  of  1820,  1824,  and  1828, 
until  by  the  passing  of  the  act  of  1832,  (to  take  effect  after  the 
discharge  of  the  public  debt,)  it  has  become  incorporated  into 
our  political  system,  as  the  "SETTLED  POLICY  OF  THE  COUNTRY." 
We  have  not  deemed  it  necessary,  in  tracing  the  origin  and  pro 
gress  of  this  system,  to  go  further  back  than  the  commercial 
restrictions  which  preceded  the  late  war ;— for  whatever  theo 
retical  opinions  may  have  been  expressed  by  Alexander  Hamil 
ton  and  others  in  relation  to  it,  at  an  earlier  period,  it  cannot  be 
denied   that    no  duties   were    actually   imposed    beyond    those 
deemed  indispensable  for  the  public  exigencies,  and  that  prior 
to  the  year  1816,  no  protection  whatever  was  actually  extended 
to  manufactures,  beyond  what  was  strictly  incidental  to  a  sys 
tem  for  revenue.    The  discrimination  between  the  protected  and 
unprotected  articles  now  contended  for  as  the  very  corner  stone 
of  the  protecting  system,  was  so  far  from  being  established  by 
that  act,  that  the  highest  duties  were  actually  imposed  on  the 
very  articles  now  admitted  duty  free,  while   the   foreign  manu 
factures  which  came  into  competition  with  our  domestic  fabrics 
were  subjected  to  a  lower  rate  of  duty.     The  truth  then  unques 
tionably  is,  that  the  protecting  policy,  according  to  the  princi 
ples  now  contended  for,  was  never  introduced  into  this  country 
until  the  period  we  have  mentioned,  when  it  crept  insidiously 
into  the  legislation  of  Congress  in  the  manner  above  described. 
This  will  be  made  abundantly  manifest  to  every  one  who  will 
take  the  pains  to  trace  the  progress  of  the  duties  from  7J  per 
cent.,  in   1790,  up  to  25  per  cent,  in   1816,  40  per  cent.,  in 
1824,  and  50,  60,  and  even  100  per  cent.,  in  1828  and  1832,  and 
who  will  merely  examine  the  manner  in  which  these  duties  were 
adjusted  in  the  various  acts  here  referred  to.     As  early  as  1820, 
so  soon  indeed  as  the  capitalists  who  had  relied  upon  the  powers 
of  the  Federal  Government  to  enhance  the  profits  of  their  in 
vestments  by  legislation,  began  to  look  forward  to  its  eventful 
establishment  as  the  settled  policy  of  the  country,  they  clearly 
perceived  that  an  extension  of  the  appropriations  to  objects  not 


embraced  in  the  specific  grants  of  the  Federal  constitution,  was 
the  necessary  appendage  of  their  system.  They  well  knew  that 
the  people  would  not  long  submit  to  the  levying  of  a  large  sur 
plus  revenue  merely  for  the  protection  of  manufactures,  carried 
on  almost  exclusively  in  one  quarter  of  the  Union ;  and  they 
therefore  sought  in  the  extension  of  the  appropriations  to  new 
objects,  for  a  plausible  and  popular  excuse  for  the  continuance 
of  a  system  of  high  duties.  With  that  instinctive  sagacity, 
which  belongs  to  men  who  convert  the  Legislature  of  a  country 
into  an  instrument  for  the  promotion  of  their  own  private  ends, 
they  clearly  saw  that  the  distribution  of  an  enormous  surplus 
treasure,  would  afford  the  surest  means  of  bringing  over  the 
enemies  of  the  American  System  to  its  support,  and  of  enlisting 
in  their  cause  not  only  large  masses  of  the  people,  but  entire 
States  who  had  no  direct  interest  in  maintaining  the  protecting 
system,  or  who  were  even,  in  some  respects,  its  victims.  No 
scheme  that  the  wit  of  man  could  possibly  have  devised,  was 
better  calculated  for  the  accomplishment  of  this  object.  It  pro 
posed  simply  to  reconcile  men  to  an  unjust  system  of  national 
policy,  by  admitting  them  to  a  large  share  of  the  spoils  ; — in  a 
word,  to  levy  contributions  by  the  aid  of  those  who  were  to 
divide  the  plunder.  If  the  United  States  had  constituted  one 
great  nation,  with  a  consolidated  Government,  occupying  a  ter 
ritory  of  limited  extent,  inhabited  by  a  people  engaged  in  simi 
lar  pursuits,  and  having  homogeneous  interests,  such  a  system 
would  only  have  operated  as  a  tax  upon  all  the  other  great  in 
terests  of  the  State,  for  the  benefit  of  that  which  was  favored  by 
the  laws,  and  when  time  had  been  allowed  for  the  adjustment 
of  society  to  this  new  condition  of  its  affairs,  the  final  result 
must  have  been  an  aggregate  diminution  of  the  profits  of  the 
whole  community,  by  diverting  a  portion  of  the  people  from 
their  accustomed  employments  to  less  profitable  pursuits.  In 
such  a  case,  the  hope  might  perhaps  have  been  indulged  that 
experience  would  demonstrate  the  egregious  folly  of  enacting 
laws,  the  only  effect  of  which  would  be,  to  supply  the  wants  of 
the  community  at  an  increased  expense  of  labor  and  capital. 
But  it  is  the  distinguishing  feature  of  the  American  System,  and 
one  which  stamps  upon  it  the  character  of  peculiar  arid  aggra 
vated  oppression,  that  it  is  made  applicable  to  a  Confederacy 


of  twenty-four  Sovereign  and  Independent  States, — occupying 
a  territory  upwards  of  2000  miles  in  extent, — embracing  every 
variety  of  soil,  climate,  and  productions, — inhabited  by  a  people 
whose  institutions  and  interests  are  in  many  respects  diametri 
cally  opposed  to  each  other, — with  habits  and  pursuits  infinitely 
diversified, — and  in  the  great  Southern  section  of  the  Union, 
rendered  by  local  circumstances  altogether  incapable  of  change. 
Under  such  circumstances,  a  system,  which  under  a  consolidated 
Government  would  be  merely  impolitic,  and  so  far,  an  act  of 
injustice  to  the  whole  community,  becomes  in  this  country  a 
scheme  of  the  most  intolerable  oppression,  because  it  may  be, 
and  has  in  fact  been,  so  adjusted  as  to  operate  exclusively  to  the 
benefit  of  a  particular  interest,  and  of  particular  sections  of 
country,  rendering  in  effect  the  industry  of  one  portion  of  the 
confederacy  tributary  to  the  rest.  The  laws  have  accordingly 
been  so  framed  as  to  give  a  direct  pecuniary  interest  to  a  sec 
tional  majority,  in  maintaining  a  grand  system,  by  which  taxes 
are  in  effect  imposed  upon  the  few,  for  the  benefit  of  the  many; — 
and  imposed  too,  by  a  system  of  indirect  taxation,  so  artfully 
contrived,  as  to  escape  the  vigilance  of  the  common  eye,  and 
masked  under  such  ingenious  devices  as  to  make  it  extremely 
difficult  to  expose  their  true  character.  Thus  under  the  pretext 
of  imposing  duties  for  the  payment  of  the  public  debt,  and  pro 
viding  for  the  common  defence  and  general  welfare,  (powers 
expressly  conferred  on  the  Federal  Government  by  the  Consti 
tution,)  acts  are  passed  containing  provisions  designed  exclu 
sively  and  avowedly  for  the  purpose  of  securing  to  the  American 
Manufacturers,  a  monopoly  in  our  own  markets,  to  the  great  and 
manifest  prejudice  of  those  who  furnish  the  agricultural  produc 
tions  which  are  exchanged  in  foreign  markets  for  the  very  arti 
cles  which  it  is  the  avowed  object  of  these  laws  to  exclude.  If. 
so  happens,  that  six  of  the  Southern  States,  whose  industry  is 
almost  exclusively  agricultural,  though  embracing  a  population 
equal  to  only  one  third  part  of  the  whole  Union,  actually  pro 
duce  for  exportation  near  40,000,000  annually,  being  about  two- 
thirds  of  the  whole  domestic  exports  of  the  United  States.  As 
it  is  their  interest,  so  it  is,  unquestionably,  their  right,  to  carry 
these  fruits  of  their  own  honest  industry,  to  the  best  market, 
without  any  molestation,  hindrance,  or  restraint,  whatsoever,  and 


subject  to  no  taxes,  or  other  charges,  but  such  as  may  be  neces 
sary  for  the  payment  of  the  reasonable  expenses  of  the  govern 
ment.  But  how  does  this  system  operate  upon  our  industry  ? 
While  imposts  to  the  amount  of  10  or  12  per  cent.,  (if  arranged 
on  just  and  equal  principles)  must  be  admitted  to  be  fully  ade 
quate  to  all  the  legitimate  purposes  of  Government,  duties  are 
actually  imposed  (with  a  few  inconsiderable  exceptions)  upon 
all  the  Woollens,  Cottons,  Iron  and  Manufactures  of  Iron,  Sugar, 
and  Salt,  and  almost  every  other  article  received  in  exchange  for 
the  Cotton,  Rice,  and  Tobacco  of  the  South,  equal  on  an  ave 
rage  to  about  50  per  cent.,  whereby  (in  addition  to  the  injurious 
effects  of  this  system  in  prohibiting  some  articles,  and  discour 
aging  the  introduction  of  others,)  a  tax  equal  to  one-half  of  the 
first  cost  is  imposed  upon  the  Cottons,  Woollens,  and  Iron, 
which  are  the  fruits  of  Southern  industry,  in  order  to  secure  an 
advantage  in  the  home  market,  to  their  rivals  the  American 
Manufacturers  of  similar  articles,  equivalent  to  one-half  of  their 
value,  thereby  stimulating  the  industry  of  the  North,  and  dis 
couraging  that  of  the  South,  by  granting  bounties  to  the  one, 
and  imposing  taxes  upon  the  other. 

The  Committee  deem  it  unnecessary  to  go  into  an  elaborate 
examination  of  the  true  character  and  sectional  operation  of  the 
protecting  system.  The  subject  has  of  late  been  so  frequently 
and  thoroughly  examined,  and  the  bearing  of  the  System  been 
so  completely  exposed,  that  the  argument  is  exhausted.  To  the 
people  of  the  Southern  States,  there  cannot  be  presented  a  more 
touching  or  irresistible  appeal,  either  to  their  understandings  or 
their  hearts,  than  is  found  in  the  melancholy  memorials  of  ruin 
and  decay  which  are  every  where  visible  around  us, — memorials 
proclaiming  the  fatal  character  of  that  system,  which  has  brought 
upon  one  of  the  finest  portions  of  the  globe,  in  the  full  vigor  of 
its  early  manhood,  the  poverty  and  desolation,  which  belong 
only  to  the  most  sterile  regions,  or  to  the  old  age  and  decrepi 
tude  of  nations.  The  moral  blight  and  pestilence  of  unwise 
and  partial  legislation,  has  swept  over  our  fields,  with  "  the 
besom  of  destruction."  The  proofs  are  every  where  around  us. 

It  is  in  vain  for  any  one  to  contend  that  this  is  a  just  and 
equal  system,  or  that  the  Northern  States  pay  a  full  proportion 
of  the  tax.  If  this  were  so,  how  is  it  to  be  accounted  for,  that 


high  duties  are  regarded  in  that  quarter  of  the  Union,  not  as  a 
burden,  but  as  a  blessing  f 

How  comes  it  that  a  people,  certainly  not  unmindful  of  their 
interests,  are  seen  courting  the  imposition  of  taxes,  and  crying 
out  against  any  material  reduction  of  the  public  burdens  ?  Does 
not  this  extraordinary  fact  afford  conclusive  evidence  that  high 
duties  operate  as  a  bounty  to  Northern  industry  ;  and  that  what 
ever  taxes  the  manufacturers  may  pay,  as  consumers,  they  are 
more  than  remunerated  by  the  advantages  they  enjoy  as  produ 
cers  ? — or,  in  other  words,  that  they  actually  receive  more  than 
they  pay,  and  therefore  cannot  be  justly  said  to  be  taxed  at  all  ? 
When,  in  addition  to  all  this,  we  take  into  consideration  that 
the  amount  of  duties  annually  levied  for  the  protection  of  manu 
factures,  beyond  the  necessary  wants  of  the  Government, 
(which  cannot  be  estimated  at  less  than  10  or  12,000,000)  is  ex 
pended  almost  exclusively  in  the  Northern  portion  of  the  Union, 
can  it  excite  any  surprise,  that  under  the  operation  of  the  Pro 
tecting  System,  the  manufacturing  States  should  be  constantly 
increasing  in  riches,  and  growing  in  strength,  with  an  inhospita 
ble  climate  and  barren  soil,  while  the  Southern  States,  the 
natural  garden  of  America,  should  be  rapidly  falling  into  decay  ? 
It  is  contrary  to  the  general  order  of  Providence,  that  any  coun 
try  should  long  bear  up  against  a  system,  by  which  enormous 
contributions,  raised  in  one  quarter,  are  systematically  expended 
in  another.  If  the  sixteen  millions  of  dollars  now  annually 
levied  in  duties  on  the  foreign  goods  received  in  exchange  for 
Southern  productions  were  allowed  to  remain  in  the  pockets  of 
the  people,  or  by  some  just  and  equal  system  of  appropriation 
could  be  restored  to  them,  the  condition  of  the  plantation  States 
would  unquestionably  be  one  of  unexampled  prosperity  and 
happiness.  Such  was  our  condition  under  a  system  of  free 
trade,  and  such  would  soon  again  be  our  enviable  lot.  Of  the 
results  which  would  thereby  be  produced,  some  faint  conception 
may  be  formed  by  imagining  what  would  be  the  effect  upon  the 
industry  of  the  people  of  our  own  State,  if  the  $8,000,000  of 
foreign  goods  now  annually  received  in  exchange  for  our  pro 
ductions,  and  paying  duties  to  the  amount  of  upwards  of 
$3,000,000,  could  be  obtained  by  us  duty  free,  or  the  duties 
thus  levied,  were  expended  within  our  own  limits.  Is  it  not  ob- 


8 

vious  that  several  millions  per  annum  would  thereby  be  added 
to  the  available  industry  of  South  Carolina?  the  effect  of  which 
would  assuredly  be,  to  change  the  entire  face  of  affairs  in  this 
State,  by  enhancing  the  profits  of  the  agriculturists,  accumulat 
ing  capital,  giving  a  fresh  impulse  to  commerce,  and  producing 
a  vivifying  influence  upon  every  department  of  industry,  the 
happy  consequences  of  which  would  be  experienced  by  every 
inhabitant  of  the  State.  We  present  this  strong  view  of  the 
subject,  to  shew  the  manifest  justice  of  the  claim  which  South 
Carolina  now  sets  up  to  have  this  system  of  raising  revenue  by 
duties  upon  imports  restricted  within  the  narrowest  limits,  and  to 
shew  how  utterly  impossible  it  is  for  us  to  consent  to  have  it  ex 
tended  beyond  the  indispensable  wants  of  the  government, 
either  for  the  purpose  of  affording  protection  to  the  industry  of 
others,  or  of  distributing  the  proceeds  among  individuals  or 
States. 

Grievous,  however,  as  the  oppression  unquestionably  is,  and 
calculated  in  the  strong  language  of  our  own  Legislature,  "to 
reduce  the  Plantation  States  to  POVERTY  and  UTTER  DESOLA 
TION,"  it  is  not  in  this  aspect  that  the  question  is  presented  in 
its  most  dangerous  and  alarming  form.  It  is  not  merely  that 
Congress  have  resorted  for  unwarrantable  purposes  to  an  op 
pressive  exercise  of  powers  granted  to  them  by  the  Constitution; 
but  that  they  have  usurped  a  power  not  granted,  and  have  justified 
that  usurpation  on  principles,  which,  if  sanctioned  or  submitted 
to,  must  entirely  change  the  character  of  the  Government,  re 
duce  the  Constitution  to  a  dead  letter,  and  on  the  ruins  of  our 
confederated  republic,  erect  a  consolidated  despotism,  "  without 
limitation  of  powers."  If  this  be  so,  there  is  no  man  who  is 
worthy  of  the  precious  heritage  of  liberty  derived  from  our  an 
cestors,  or  who  values  the  free  institutions  of  his  country,  who 
must  not  tremble  for  the  cause  of  freedom,  not  only  in  this 
country,  but  throughout  the  world,  unless  the  most  prompt  and 
efficient  measures  are  at  once  adopted,  to  arrest  the  downward 
course  of  our  political  affairs,  to  stay  the  hand  of  oppression,  to 
lestore  the  Constitution  to  its  original  principles,  and  thereby 
to  perpetuate  the  Union. 

It  cannot  be  denied  that  the  Government  of  the  United  States 
possesses  no  inherent  powers.  It  was  called  into  being  by  the 


9 

States.  The  States  not  only  created  it,  but  conferred  upon  it 
all  its  powers,  and  prescribed  its  limits  by  a  -written  charter 
called  the  Constitution  of  the  United  States.  Before  the  Fede 
ral  Government  had  thus  been  called  into  being,  the  several 
States  unquestionably  possessed  as  full  sovereignty,  and  were  as 
independent  of  each  other  as  the  most  powerful  nations  of  the 
world  ;  and  in  the  free  and  undisputed  exercise  of  that  sove 
reignty,  they  entered  into  a  solemn  compact  with  each  other, 
by  which  it  was  provided,  that  for  certain  specified  objects,  a 
General  Government  should  be  established  with  strictly  limited 
powers  ; — the  several  States  retaining  their  sovereignty  unim 
paired,  and  continuing  to  exercise  all  powers  not  expressly 
granted  to  the  Federal  Government. 

In  the  clear  and  emphatic  language  of  Mr.  Jefferson,  "the 
several  States  composing  the  United  States  of  America,  are  not 
united  on  the  principle  of  unlimited  submission  to  the  General 
Government,  but  by  a  compact  under  the  style  and  title  of  the 
Constitution  of  the  United  States,  they  constituted  a  General 
Government  for  special  purposes,  delegated  to  that  Government 
certain  definite  powers,  reserving  each  State  to  itself  the  resi 
duary  mass  of  right  to  their  own  self-government,  and  whenso 
ever  the  General  Government  assumes  undelegated  powers,  its 
acts  are  unauthoritative,  void,  and  of  no  force."*  That  such  is 
the  true  nature  of  the  Federal  compact,  cannot  admit  of  a  rea 
sonable  doubt,  and  it  follows  of  necessity,  that  the  Federal 
Government  is  merely  a  joint  agency,  created  by  the  States, — 
that  it  can  exert  no  power  not  expressly  granted  by  them,  and 
that  when  it  claims  any  power,  it  must  be  able  to  refer  to  the 
clause  in  the  charter  which  confers  it.  This  view  of  the  Con 
stitution  of  the  United  States,  brings  the  question  of  the  consti 
tutionality  of  the  Tariff  within  the  narrowest  limits. 

The  regulation  of  domestic  industry,  so  far  as  Government  may 
rightfully  interfere  therewith,  belonged  to  the  several  States  be 
fore  the  Constitution  was  adopted,  or  the  Union  sprang  into 
existence  ;  and  it  still  remains  exclusively  with  them,  unless  it 
has  has  been  expressly  granted  to  the  Federal  Government.  If 
such  a  grant  has  been  made,  it  is  incumbent  on  those  claiming, 

*See  Kentucky  Resolutions  of  1778. 


10 

under  it,  to  point  out  the  provision  in  the  Constitution  which 
embraces  it.  It  must  be  admitted  that  there  is  not  a  clause  or 
article  in  that  instrument,  which  has  the  slightest  allusion  either 
to  manufactures  or  to  agriculture  :  while,  therefore,  the  "regu 
lation  of  commerce"  is  expressly  conferred  on  the  General  Gov 
ernment,  the  regulation  of  every  branch  of  domestic  industry 
is  reserved  to  the  several  States,  exclusively,  who  may  afford 
them  encouragement,  by  pecuniary  bounties,  and  by  all  the  other 
means,  not  inconsistent  with  the  Constitution  of  the  United 
States.  To  say  that  the  power  to  regulate  commerce  embraces 
the  regulation  of  agriculture,  and  manufactures,  and  all  other 
pursuits  of  industry,  (for  they  all  stand  upon  the  same  footing,) 
is  to  confound  the  plainest  distinctions,  and  to  lose  sight  of  the 
true  meaning  and  intent  of  the  grant  in  question.  Commerce 
is,  in  general,  regulated  by  treaties  with  foreign  nations  ;  and, 
therefore,  it  was  deemed  necessary  that  this  power  should  be 
confided  to  the  General  Government :  but  agriculture,  manu 
factures,  and  the  mechanic  arts,  can  only  be  wisely  ordered  by 
municipal  regulation.  Commerce  is  one  object  of  legislation, 
manufactures  another,  agriculture  a  third  ;  and  if  the  regulation 
of  commerce  implies  an  unlimited  control  over  every  thing 
which  constitutes  the  object  of  commerce,  it  would  follow,  as  a 
matter  of  course,  that  the  Federal  Government  may  exert  a  su 
preme  dominion  over  the  whole  labor  and  capital  of  the  coun 
try.  This  would  transform  our  confederated  Government,  with 
strictly  limited  powers,  into  an  absolute  despotism,  and  of  the 
worst  sort,  where,  under  the  forms  of  a  free  Government,  we 
should  have  the  spirit  of  a  despotic  one.  This  view  of  the  sub 
ject,  we  should  deem  perfectly  conclusive,  even  if  it  could  not 
be  shewn  that  the  power  in  question,  so  far  from  being  granted, 
was  purposely  withheld  from  the  Federal  Government,  by  the 
framers  of  the  Constitution  ;  and  that  there  are  provisions  of  the 
Constitution,  from  which  it  may  be  fairly  inferred,  that  it  was 
intended  to  be  reserved  to  the  States  respectively.  It  appears 
from  the  history  of  the  proceedings  of  the  Convention  which 
framed  the  Constitution,  that  the  subject  of  the  protection  of 
manufactures,  was  several  times  brought  distinctly  to  the  view  of 
that  body,  and  that  they  did  not  see  fit  to  grant  to  the  Federal 
Government  the  power  in  question.  In  the  original  proposition, 


11 

to  confer  on  Congress  the  power  to  impose  "duties,  imposts, 
and  excises,"  was  embraced  "prohibitions  and  restraints,"  which 
may  well  be  supposed  to  be  intended  to  embrace  the  protection 
of  manufactures  ;  but  it  is  is  remarkable,  that  these  words  were 
-omitted  in  the  Report  of  the  Committee,  on  that  clause.  On 
the  18th  of  August,  a  motion  was  made,  "to  establish  rewards 
and  immunities,  for  the  promotion  of  agriculture,  commerce, 
trades,  and  manufactures  ;"  but  this  proposition  also  failed.  On 
a  subsequent  day,  it  was  moved,  that  there  should  be  "  a  Secre 
tary  of  Domestic  Affairs,  &c.,  whose  duty  it  should  be  to  attend 
to  matters  of  general  police,  the  state  of  agriculture  and  manu 
factures,  the  opening  of  roads  and  navigation,  and  facilitating  of 
intercourse  through  the  United  States  ;  and  that  he  shall,  from 
time  to  time,  recommend  such  measures  and  establishments  as 
may  tend  to  promote  these  objects."  This  proposition  likewise 
failed,  the  Constitution  containing  no  provision  in  conformity 
therewith. 

Now,  as  it  is  utterly  impossible,  that  these  several  propositions, 
embracing  imposts,  duties,  prohibitions  and  restraints,  and  the 
encouragement  of  manufactures,  could  have  been  disposed  of, 
without  bringing  the  whole  question  of  domestic  manufactures 
fully  into  view,  it  must  follow,  that,  as  no  power  was  given  to 
Congress  over  manufactures,  while  the  power  to  regulate  com 
merce  is  expressly  conferred,  it  was  not  the  intention  of  the  fra- 
mers  of  the  Constitution,  to  entrust  this  power  to  Congress.  Al 
though  repeatedly  urged  to  confer  such  a  power,  they  constantly 
refused  it  ;  and  the  Constitution,  as  finally  ratified,  contains  no 
provision,  whatever,  upon  the  subject.  In  the  Report  of  Luther 
Martin,  a  delegate  from  Maryland,  made  to  the  Legislature  of 
his  State,  an  explanation  is  given  of  the  proceedings  of  the 
Convention,  in  relation  to  this  matter,  which  removes  every 
shadow  of  doubt,  with  regard  to  the  true  meaning  and  intent  of 
the  framers  of  the  Constitution,  in  relation  to  the  protection  of 
manufactures.  It  appears  from  this  statement,  that,  as  the  en 
couragement  of  manufactures  had  been  refused  to  be  conferred 
upon  the  Federal  Government,  it  was  the  desire  of  Mr.  Martin 
and  others,  to  reserve  to  the  states  all  the  means  which  they  sup 
posed  to  be  necessary  for  affording  effectual  encouragement  to 
manufactures  within  their  own  limits.  Among  those  it  was  pre- 


12 

sumed  "that  there  might  be  cases  in  which  it  would  be  proper 
for  the  purpose  of  encouraging  manufactures  to  lay  duties  to 
prohibit  the  exportation  of  raw  materials,  and  even  in  addition  to 
the  duties  laid  by  Congress  on  imports  for  the  sake  of  revenue,  to 
lay  a  duty  to  discourage  the  importation  of  particular  articles 
into  a  State,  or  to  enable  the  manufacturer  here  to  supply  us 
on  as  good  terms  as  could  be  obtained  from  a  foreign  market."* 
Here  it  will  be  seen  that  it  is  positively  stated  by  Mr.  Martin 
that  the  power  given  to  Congress  to  impose  duties  upon  imports, 
was  given  expressly  "for  the  sake  of  revenue,"  and  was  not  con 
sidered  as  extending  to  any  duty  "to  discourage  the  importation 
of  particular  articles,  for  the  purpose  of  encouraging  manufac 
tures,"  and  that  it  was  considered  that  unless  the  several  States 
should  possess  this  power  as  well  as  that  of  prohibiting  the  ex 
portation  of  certain  raw  materials,  they  would  not  be  enabled  to 
extend  that  complete  protection  to  their  own  manufacturers 
which  might  be  deemed  indispensable  to  their  success.  "The 
most,  however,"  says  Mr.  Martin,  "which  we  could  obtain,  was, 
that  this  power  might  be  exercised  by  the  States,  by  and  with 
the  consent  of  Congress,  and  subject  to  its  control."  Thus,  then, 
it  manifestly  appears,  that  in  relation  to  manufactures,  the  framers 
of  the  Constitution  positively  refused  to  confer  upon  the  Federal 
Government,  any  power  whatever; — that  the  power  to  lay  duties, 
&,c.,  was  conferred  for  the  sake  of  revenue  alone,  and  was  not 
intended  to  embrace  the  power  to  lay  duties  "to  discourage  the 
importation  of  particular  articles,  to  enable  the  manufacturers 
here  to  supply  us  on  as  good  terms  as  could  be  obtained  from  a 
foreign  market ;"  and  finally,  that  the  whole  subject  was  left  in 
the  hands  of  the  several  States,  with  the  restriction,  "that  no 
State  shall,  without  the  consent  of  Congress,  lay  any  impost  or 
duties  on  imports  or  exports,  except  what  may  be  absolutely  ne 
cessary  for  executing  their  inspection  laws."  This  power,  it 
appears,  was  expressly  inserted  for  the  purpose  of  enabling  the 
States  to  protect  their  own  manufactures  ;  and  this,  it  seems, 
was  the  only  provision  which  friends  of  domestic  industry  could 
obtain.  It  is  vain  to  allege  that  the  powers  retained  by  the 
States  on  this  subject,  are  inadequate  to  the  effectual  accom- 

*Yates's  Secret  Debates  in  the  Convention,  p.  71. 


13 

plishment  of  the -object.  If  this  were  so  it  would  only  shew  the 
necessity  of  some  further  provision  on  this  subject, — but  surely 
it  will  not  be  pretended  that  it  would  justify  the  usurpation  by 
Congress  of  a  power,  not  only  not  granted  by  the  Constitution, 
but  purposely  withheld. 

We  think,  however,  that  this  exposition  of  the  Constitution 
places  the  protection  of  manufactures  on  the  true  foundation,  on 
which  it  should  stand  in  such  a  Government  as  ours.  Nothing 
can  be  more  monstrous  than  that  the  industry  of  one  or  more 
States  in  this  confederacy,  should  be  made  profitable  at  the  ex 
pense  of  others,  and  this  must  be  the  inevitable  result  of  any 
scheme  of  legislation  by  the  General  Government,  calculated  to 
promote  Manufactures  by  restrictions  upon  Commerce  or  Agri 
culture.  But  leave  manufactures  where  agriculture  and  other 
domestic  pursuits  have  been  wisely  left  by  the  Constitution — 
with  the  several  States;  and  ample  security  is  furnished  that  no 
preference  will  be  given  to  one  pursuit  over  another,  and  if  it 
should  be  deemed  adviseable  in  any  particular  State,  to  extend 
encouragement  to  manufactures,  either  by  direct  appropriations 
of  money,  or  in  the  way  pointed  out  in  the  Article  of  the  Con 
stitution  above  quoted,  that  this  will  be  done  not  at  the  expense 
of  the  rest  of  the  Union,  but  of  the  particular  State  whose  citi 
zens  are  to  derive  the  advantages  of  those  pursuits.  Should 
Massachusetts,  for  instance,  find  it  to  her  advantage  to  engage 
in  the  Manufacture  of  Woollens  or  Cottons,  or  Pennsylvania  be 
desirous  of  encouraging  the  working  of  her  Iron  Mines,  let  those 
States  grant  bounties  out  of  their  own  Treasuries,  to  the  persons 
engaged  in  these  pursuits;  and  should  it  be  deemed  adviseable 
to  encourage  their  manufactures  by  duties,  "discouraging  the 
importation  of  similar  articles,"  in  these  respective  States,  let 
them  make  an  application  to  Congress,  whose  consent  would 
doubtless  be  readily  given  to  any  acts  of  those  States^  having 
these  objects  in  view.  The  Manufacturers  of  Massachusetts 
and  Pennsylvania  would  thus  be  encouraged  at  the  expense  of 
the  people  of  these  States  respectively.  But  when  they  claim 
to  do  more  than  this, — to  encourage  their  industry,  at  the  ex 
pense  of  the  industry  of  the  people  of  the  other  States,  to  pro 
mote  the  Manufactures  of  the  North,  at  the  expense  of  the  Agri 
culture  of  the  South,  by  restrictions  upon  Commerce, — in  a  word, 


14 

to  secure  a  monopoly  for  their  manufactures,  not  only  in  their  own 
market,  but  throughout  the  United  States,  then  we  say,  that  the 
claim  is  unjust,  and  cannot  be  granted  consistently  with  the 
principles  of  the  Constitution,  or  the  great  ends  of  a  Confedera 
ted  Government.  We  shall  not  stop  to  inquire  whether,  as  has 
been  urged  with  great  force,  that  provision  of  the  Constitution, 
which  confers  the  power  upon  Congress  "to  promote  the  pro 
gress  of  science  and  the  useful  arts,  by  securing,  for  limited 
times,  to  authors  and  inventors,  the  exclusive  right  to  their  re 
spective  writings  and  discoveries,"  does  not,  by  a  necessary  im 
plication,  deny  to  Congress  the  power  of  promoting  the  useful  arts 
(which  include  both  agriculture  and  manufactures)  by  any  other 
means  than  those  here  specified.  It  is  sufficient  for  our  purpose 
to  shew  that  the  power  of  promoting  manufactures  as  a  distinct 
substantive  object  of  legislation,  has  no  where  been  granted  to 
Congress.  As  to  the  incidental  protection  that  may  be  derived 
from  the  rightful  exercise  of  the  power,  either  of  regulating  com 
merce,  or  of  imposing  taxes,  duties  and  imposts,  for  the  legiti 
mate  purposes  of  government, — this  certainly,  may  be  as  freely 
enjoyed  by  manufactures  as  it  must  be  by  every  other  branch  of 
domestic  industry.  But  as  the  power  to  regulate  commerce, 
conferred  expressly  for  its  security,  cannot  be  fairly  exerted  for 
its  destruction,  so  neither  can  it  be  perverted  to  the  purpose  of 
building  up  manufacturing  establishments, — an  object  entirely 
beyond  the  jurisdiction  of  the  Federal  Government, — so  also,  the 
power  to  levy  taxes,  duties,  imposts  and  excises,  expressly  given 
for  the  purpose  of  raising  revenue,  cannot  be  used  for  the  dis 
couragement  of  importations,  for  the  purpose  of  promoting  man 
ufactures,  without  a  gross  and  palpable  violation  of  the  plain 
meaning  and  intent  of  the  federal  compact.  Acts  may  be  pass 
ed  on  these  subjects,  falsely  purporting,  on  their  face,  to  have 
been  enacted  for  the  purpose  of  raising  revenue  and  regulating 
commerce, — but  if  in  truth,  they  are  designed  (as  the  Acts  of 
1824,  1828,  and  1832,  confessedly  and  avowedly  have  been)  for  an 
entirely  different  purpose,  viz  :  for  the  encouragement  and  pro 
motion  of  manufactures — the  violation  of  the  Constitution  is  not 
less  gross,  deliberate  and  palpable,  because  it  assumes  the  most 
dangerous  of  all  forms,  a  violation  by  perversion,  the  use  of  a  pow 
er  granted  for  one  purpose,  for  another  and  a  different  purpose^  in 


15 

relation  to  which,  Congress  has  no  power  to  act  at  all.  On  the 
whole,  even  from  the  very  brief  and  imperfect  view  which  we  have 
here  taken  of  this  subject,  we  think  we  have  demonstrated  that 
the  protecting  system  is  as  gross  and  palpable  a  violation  of 
the  Constitution,  according  to  its  true  spirit,  intent  and  mean 
ing,  as  it  is  unquestionably  unequal,  oppressive  and  unjust  in 
its  bearing  upon  the  great  interests  of  the  country,  and  the  seve 
ral  sections  of  the  Union. 

But  great  as  are  the  evils  of  the  American  System,  fatal  as  it 
assuredly  must  be  to  the  prosperity  of  a  large  portion  of  the 
Union,  and  gross  as  is  the  violation  of  the  letter  and  spirit  of  the 
Constitution  which  it  perpetrates,  the  consequences  which  must 
inevitably  result  from  the  establishment  of  the  pernicious  princi 
ples  on  which  it  is  founded,  are  evils  of  still  greater  magnitude. 
An  entire  change  in  the  character  of  the  Government  is  the  nat 
ural  and  necessary  consequence  of  the  application  to  the  Consti 
tution  of  those  latitudinous  rules  of  construction,  from  which  this 
system  derives  its  existence,  and  which  must  "consolidate  the 
States  by  degrees  into  one  sovereignty  ;  the  obvious  tendency 
and  inevitable  result  of  which  would  be  to  transform  the  present 
representative  system  of  the  United  States  into  a  Monarchy."* 

We  fearlessly  appeal  to  all  considerate  men,  whether  it  be  in 
the  nature  of  things  possible,  to  hold  together  such  a  Confeder 
acy  as  ours,  by  any  means  short  of  a  military  despotism,  after  it 
has  degenerated  into  a  Consolidated  Government ; — that  is  to 
say,  after  it  shall  come  to  be  its  established  policy  to  exercise  a 
general  legislative  control  over  the  interests  and  pursuits  of  the 
whole  American  People. 

Can  any  man  be  so  infatuated  as  to  believe,  that  Congress 
could  regulate  wisely  the  whole  labor  and  capital  of  this  vast 
Confederacy?  Would  it  not  be  a  burden  too  grievous  to  be 
borne,  that  a  great  central  Government,  necessarily  ignorant  of 
the  condition  of  the  remote  parts  of  the  country,  and  regardless 
perhaps  of  their  prosperity,  should  undertake  to  interfere  with 
their  domestic  pursuits,  to  control  their  labor,  to  regulate  their 
property,  and  to  treat  them  in  all  respects  as  dependent  Colonies, 
governed  not  with  reference  to  their  own  interests  but  the  inter- 

*Madison's  Report. 


16 

ests  of  others?  If  such  a  state  of  things  must  be  admitted  to  be 
altogether  intolerable,  we  confidently  appeal  to  the  sober  judg 
ment  and  patriotic  feelings  of  every  man  who  values  our  free  in 
stitutions  and  desires  to  preserve  them  whether  the  progress  of 
the  Government  towards  this  result  has  not,  of  late  years,  been 
rapid  and  alarming?  and  whether,  if  the  downward  course  of  our 
affairs  cannot  be  at  once  arrested,  the  consummation  of  this 
system  is  not  at  hand?  No  sooner  had  Congress  assumed  the 
power  of  building  up  manufactures,  by  successive  tariffs,  calcu 
lated  and  intended  to  drive  men  from  agriculture  and  commerce 
into  more  favored  pursuits,  than  internal  improvements  sprung 
at  once  into  vigorous  existence.  Pensions  have  been  enlarged  to 
an  extent  not  only  before  unknown  in  any  civilized  country,  but 
they  have  been  established  on  such  principles,  as  manifest  the 
settled  purpose  of  bestowing  the  public  treasure  in  gratuities  to 
particular  classes  of  persons,  and  particular  sections  of  country. 
Roads  and  canals  have  been  commenced,  and  surveys  made  in 
certain  quarters  of  the  Union,  on  a  scale  of  magnificence,  which 
evinces  a  like  determination  to  distribute  the  public  wealth  into 
new  and  favored  channels  ;  and  it  is  in  entire  accordance  both 
with  the  theory  and  practice  of  this  new  system,  that  the  Gener 
al  Government  should  absorb  all  the  authority  of  the  States,  and 
eventually  become  the  grand  depository  of  the  powers,  and  the 
general  guardian  and  distributor  of  the  wealth  of  the  whole 
Union.  It  is  known  to  all  who  have  marked  the  course  of  our 
national  affairs,  that  Congress  has  undertaken  to  create  a  Bank, 
and  have  already  assumed  jurisdiction  over  science  and  the  arts, 
over  education  and  charities,  over  roads  and  canals,  and  almost 
every  other  subject,  formerly  considered  as  appertaining  exclu 
sively  to  the  States;  and  that  they  claim  and  exercise  an  unlim 
ited  control  over  the  appropriation  of  the  public  lands  as  well  as  of 
the  public  money.  On  looking,  indeed,  to  the  legislation  of  the 
last  ten  years,  it  is  impossible  to  resist  the  conviction,  that  a  fatal 
change  has  taken  place  in  the  whole  policy  and  entire  operation 
of  the  Federal  Government ;  that  in  every  one  of  its  depart 
ments,  it  is,  both  in  theory  and  practice,  rapidly  verging  towards 
Consolidation  ;  asserting  judicial  supremacy  over  the  sovereign 
States,  extending  Executive  Patronage  and  influence  to  the  re 
motest  ramifications  of  society,  and  assuming  legislative  control 


17 


over  every  object  of  local  concernment ;  thereby  reducing  the 
States  to  petty  corporations,  shorn  of  their  sovereignty,  mere 
parts  of  one  great  whole,  standing  in  the  same  relation  to  the 
Union  as  a  county  or  parish  to  the  State  of  which  it  is  a  subor 
dinate  part. 

Such  is  the  true  character,  and  such  the  inevitable  tendencies 
of  the  American  System.  And  when  the  case,  thus  plainly 
stated,  is  brought  home  to  the  bosoms  of  patriotic  men,  surely  it 
is  not  possible  to  avoid  the  conclusion,  that  a  political  system, 
founded  on  such  principles,  must  bear  within  it  the  seeds  of  pre 
mature  dissolution,  and  that  though  it  may  for  a  season  be  ex 
tended,  enlarged  and  strengthened,  through  the  corrupting  influ 
ence  of  patronage  and  power,  until  it  shall  have  embraced  in  its 
serpent  folds  all  the  great  interests  of  the  State,  still  the  time 
must  come  when  the  people,  deprived  of  all  other  means  of  es 
cape,  will  rise  up  in  their  might  and  release  themselves  from  this 
thraldom,  by  one  of  those  violent  convulsions,  whereby  society 
is  uprooted  from  its  foundations,  and  the  edict  of  Reform  is 
written  in  blood. 

Against  this  system,  South  Carolina  has  remonstrated  in  the 
most  earnest  terms.     As  early  as  1820,  there  was  hardly  a  dis 
trict  or  parish  in  the  whole  State,  from  which  memorials  were  not 
forwarded  to  Congress,  the  general  language  of  which  was,  that 
the  protecting  system  was  "utterly  subversive  of  their  rights  and 
interests."     Again/in   1823  and   1827,  the  people  of  this  State 
rose  up  almost  as  one  man,  and  declared  to  Congress  and  the 
world,  "that  the  protecting  system  was  unconstitutional,  oppres 
sive  and  unjust."     But  these  repeated  remonstrances  were  an 
swered  only  by  repeated  injuries  and  insults,  by  the  enacting  of 
the  tariffs  of  1824  and    1828.     To  give  greater  dignity,  and  if 
possible  more  effect  to  these  appeals,  the  Legislature,  in  Dec. 
1825,  solemnly  declared,   "that  it  was  an  unconstitutional  exer 
cise  of  power  on  the  part  of  Congress,  to  lay  duties  to  protect 
domestic  manufactures,"  and  in  1828,  they  caused  to  be  present 
ed  to  the  Senate  of  the  U.  States,  and  claimed  to  have  recorded 
on  its  Journals  the  solemn  Protest  of  the  State  of  South  Carolina, 
denouncing  this  system  as  "  utterly  unconstitutional,  grossly  un 
equal  and  oppressive,  and  such  an  abuse  of  power  as  was  incom 
patible  with  the  principles  of  a  free  government,  and  the  great 
4 


18 

ends  of  civil  society,"  and  that  they  were  "  then  only  restrained 
from  the  assertion  of  the  sovereign  rights  of  the  State,  by  the  hope 
that  the  magnanimity  and  justice  of  the  good  people  of  the  Union 
would  effect  an  abandonment  of  a  system  partial  in  its  nature, 
unjust  in  its  operation,  and  not  within  the  powers  delegated  to 
Congress."  And  finally,  in  Dec.  1830,  it  was  Resolved,  "That 
the  several  Acts  of  Congress,  imposing  duties  on  imports,  for  the 
protection  of  domestic  manufactures  are  highly  dangerous,  and 
oppressive  violations  of  the  constitutional  compact ;  and  that 
whenever  the  States  which  are  suffering  under  the  oppression, 
shall  lose  all  reasonable  hope  of  redress  from  the  wisdom  and 
justice  of  the  Federal  Government,  it  will  be  their  right  and  duty 
to  interpose,  in  their  sovereign  capacity,  for  the  purpose  of  ar 
resting  the  progress  of  the  evil  occasioned  by  the  said  unconsti 
tutional  acts." 

Nor  has  South  Carolina  stood  alone  in  the  expression  of  these 
sentiments  :  Georgia  and  Virginia,  Alabama  and  Mississippi, 
and  North  Carolina,  have  raised  their  voices  in  earnest  remon 
strances  and  repeated  warnings.  Virginia,  in  1S28,  in  respond 
ing  to  South  Carolina,  declared  "that  the  Constitution  of  the 
United  States,  being  a  Federative  compact  between  sovereign 
States,  in  construing  which  no  common  arbiter  is  known,  each 
State  has  a  right  to  construe  the  compact  for  itself;  and  that 
Virginia  as  one  of  the  high  contracting  parties,  feels  itself  bound 
to  declare,  and  does  hereby,  most  solemnly  declare  its  deliberate 
conviction,  that  the  acts  of  Congress  usually  denominated  the 
Tariff  Laws,  passed  avowedly  for  the  protection  of  domestic 
manufactures,  are  not  authorized  by  the  plain  construction,  true 
intent  and  meaning  of  the  Constitution." 

Georgia,  through  her  Legislature,  pronounced  this  system  to 
be  one  "which  was  grinding  down  the  resources  of  one  class  of 
the  States  to  build  up  and  advance  the  prosperity  of  another  of 
the  same  confederacy — and  which  they  solemnly  believed  to  be 
contrary  to  the  letter  and  spirit  of  the  Federal  Constitution," 
and  declared  it  to  be  the  right  of  the  several  States,  in  case  of 
any  infraction  of  the  general  compact,  "to  complain,  remon 
strate,  and  even  refuse  obedience  to  any  measure  of  the  General 
Government  manifestly  against  and  in  violation  of  the  Constitu 
tion,  that  otherwise  the  law  might  be  violated  with  impunity, 


19 

and  without  redress,  as  often  as  the  majority  might  think  proper 
to  transcend  their  powers,  and  the  party  injured  would  be  bound 
to  yield  an  implicit  obedience  to  the  measure,  however  uncon 
stitutional,  which  must  tend  to  annihilate  all  sovereignty  and  in 
dependence  of  the  States,  and  consolidate  all  power  in  the 
General  Government,  which  never  was  designed  nor  intended 
by  the  framers  of  the  Constitution." 

Alabama  also  protested  against  "  the  attempt  to  exclude  the 
foreign  in  favour  of  the  domestic  fabrics,  as  the  exercise  of  a 
power  not  granted  by  the  Constitution,"  and  concluded  by 
stating,  "that  she  wished  it  to  be  distinctly  understood,  that  in 
common  with  the  other  Southern  and  Southwestern  States,  she 
regards  the  power  asserted  by  the  General  Government,  to  con 
trol  her  internal  concerns  by  protecting  duties,  as  a  palpable 
usurpation  of  powers  not  given  by  the  Constitution,  and  a  spe 
cies  of  oppression  little  short  of  legalized  pillage." 

North  Carolina,  in  the  same  spirit,  declared,  that  while  "  it 
was  conceded  that  Congress  have  the  express  power  to  lay  im 
posts,  she  maintains  that  that  power  was  given  for  the  purpose 
of  Revenue,  and  Revenue  alone,  and  that  every  other  use  of  the 
power  is  an  usurpation  on  the  part  of  Congress."  And,  finally, 
the  Legislature  of  Mississippi,  "Resolved,  that  the  State  of  Mis 
sissippi  concurs  with  the  States  of  Georgia,  South  Carolina,  and 
Virginia,  in  their  different  resolutions  upon  the  subject  of  the 
Tariff',  Colonization  Society,  and  Internal  Improvement." 

It  has  been  in  the  face  of  all  these  remonstrances  and  pro 
tests,  and  in  defiance  of  these  repeated  warnings  and  solemn 
declarations,  that  the  recent  modification  of  the  Tariff,  by  the 
Act  of  1832,  was  effected.  The  period  of  the  final  extinction 
of  the  Public  Debt,  had  always  been  looked  to  as  the  crisis  of 
our  fate,  when  the  policy  of  the  country,  in  reference  to  the 
Protective  System,  was  to  be  finally  settled.  It  was  the  period 
assigned  by  common  consent,  as  the  utmost  limit  of  the  forbear 
ance  of  South  Carolina,  whose  citizens  felt  that  in  the  adoption 
of  that  System,  their  Constitutional  Rights  had  been  trampled 
on,  and  their  dearest  interests  cruelly  sacrificed. 

No  one  could  fail  to  perceive,  that  whenever  a  pretext  for  the 
continuance  of  the  high  duties  under  which  the  Southern  States 
had  suffered  for  so  many  years,  was  taken  away  by  the  payment 


20 

of  the  National  Debt,  and  the  consequent  relief  of  the  Treasury 
from  an  annual  demand  of  twelve  millions  of  dollars;  that  no 
reason  could  be  given  why  these  duties  should  not  be  brought 
down  to  the  revenue  standard,  except  that  it  was  deliberately 
designed  to  secure  to  the  Manufacturers  for  ever,  the  monopoly 
they  had  so  long  enjoyed,  at  the  expense  of  the  other  great  in 
terests  of  the  country. 

We  find,  accordingly,  that  the  new  Tariff,  which  is  intended 
to  take  effect,  only  after  the  final  extinguishment  of  the  Public 
Debt,  has  been  arranged  and  adjusted  with  a  single  eye,  to  the 
perpetuation  of  this  System  ;  and  with  an  entire  disregard  of 
the  just  claims  of  the  Plantation  States.  Whatever  may  be  the 
amount  of  the  aggregate  reduction  effected  by  this  bill,  (and  it 
is  not  pretended  in  the  latest  Treasury  estimate,  to  exceed 
$5,000,000,  of  which  near  4,000,000  of  dollars  are  on  the  un 
protected  articles,)  it  is  not  denied  that  it  will  leave  a  surplus 
of  many  milions  in  the  Treasury,  beyond  the  usual  expenses  or 
necessary  wants  of  the  Government ;  and  it  is  notorious — nay, 
it  appears  on  the  face  of  the  Bill  itself,  that  while  duties  to  the 
amount  of  40,  50,  and  even  100  per  cent.,  are  still  to  be  levied 
upon  the  protected  articles,  (that  is  to  say,  upon  all  the  Cottons, 
Woollens,  and  Iron,  the  Sugar,  and  the  Salt,  and  other  articles 
embraced  in  the  Protecting  System  ;)  the  duties  on  the  unpro 
tected  articles,  have  been  reduced  greatly  below  the  revenue 
standard,  and  upwards  of  $3,000,000,  entirely  repealed  ;  so,  that 
according  to  this  System,  as  now  established,  a  large  surplus 
revenue  to  be  applied  to  Internal  Improvements  and  other  un 
warrantable  purposes,  is  to  be  levied  by  the  imposition  of  enor 
mous  Taxes  on  the  necessaries  of  life,  the  very  articles  received 
chiefly  in  exchange  for  Southern  productions;  and  this  has 
been  done,  in  order  to  protect  the  industry  of  the  North,  with 
which  ours  comes  into  competition,  while  the  articles  of  luxury 
universally  acknowledged  to  be  the  fittest  subjects  for  taxation, 
are  to  be  admitted  duty  free.* 

Now,  let  it  be  remembered,  that  the  very  point  in  controversy, 
has  all  along  been,  not  the  Revenue,  but  the  Protecting  duties, 
and  yet  we  see,  that  in  answer  to  all  our  petitions  and  remon- 

*See  Treasury  Estimate  published  in  August  last,  shewing  an  aggregate   reduction  of 
$5,187,078,  of  which  $3,108,631  were  made  entirely  free. 


21 

strances,  Congress  has  been  graciously  pleased  to  make  an  ad 
justment  of  the  Tariff,  which  simply  consists  in  taking  off  the 
duties  imposed  for  Revenue,  while  the  protecting  duties  are 
allowed  to  remain  substantially  untouched.  It  was  not  so  much 
the  amount  of  the  imposition,  as  the  inequality  and  injustice  of 
the  Protecting  System,  that  has  roused  the  people  of  South 
Carolina  to  determined  resistance  ;  and  yet  we  find,  that  this 
inequality  has  been  aggravated,  and  that  injustice  perpetuated 
by  the  deliberate  adoption  of  a  measure,  which  was  calculated 
and  intended  to  rivet  this  System  upon  us,  beyond  all  hope  of 
relief. 

The  grave  and  solemn  question  now  occurs,  what  is  to  be  done 
to  redeem  ourselves  from  the  state  of  Colonial  vassalage  into 
which  we  have  unhappily  fallen  ?  Shall  we  still  continue  to 
wait  for  a  returning  sense  of  justice  on  the  part  of  our  oppress 
ors  ?  We  are  thoroughly  persuaded,  that  the  hope  can  no  longer 
be  indulged,  that  the  Tariff  majority  in  Congress  will,  of  their 
own  accord,  relieve  us  from  this  cruel  bondage  ;  experience 
teaches  us  that  this  expectation  so  long  and  fondly  indulged,  is 
utterly  delusive.  The  only  effect  of  further  delay  must  be  to 
strengthen  the  hand  of  the  oppressor,  to  crush  the  public  spirit, 
deaden  the  sensibility  of  the  people  to  the  inestimable  value  of 
their  rights,  and  teach  them  the  degrading  lesson  of  wearing 
their  chains  in  patience.  It  is  almost  inconceivable  that  any 
reflecting  man  can  believe  that  the  crisis  in  our  affairs,  arising 
from  the  final  extinction  of  the  public  debt,  should  be  suffered 
to  pass  away,  without  reducing  the  tariff  to  the  revenue  standard, 
and  yet  that  such  reduction  may  be  expected  to  take  place  at 
some  future  period.  What  period  so  auspicious  as  that  which 
has  been  allowed  to  pass  away  unimproved  ?  Is  any  one  so 
ignorant  of  human  nature,  as  riot  to  know  that  the  annual  sur 
plus,  which  then  will  be  brought  into  the  Treasury,  under  the 
act  of  1832,  will  be  speedily  absorbed  by  new  and  enlarged  ap 
propriations,  serving  as  additional  props  to  a  system,  which  some 
vainly  imagine  to  be  tottering  on  its  base,  ready  to  fall  under  its 
own  weight  ?  Even  at  the  last  session  of  Congress,  the  annual 
appropriations  were  enlarged  by  several  millions  of  dollars,  in 
anticipation  of  this  expected  surplus  ;  and  the  foundation  is 
already  laid  for  its  absorption,  and  when  this  shall  be  accom- 


22 

plished,  where  will  be  the  hopes  of  those  who  now  say  that  the 
evil  is  to  correct  itself,  and  who  tell  us  that  the  act  of  1832, 
which  was  in  fact  designed  to  rivet  the  system  upon  the  country 
for  ever,  and  was  hailed  by  its  friends  as  "  a  clear,  distinct, 
and  indisputable  admission  of  the  principle  of  protection,"  is  to 
be  viewed  as  a  blessed  reform  presenting  the  brightest  auspices 
for  the  future  ?  The  truth  unquestionably  is,  that  the  American 
System  is  from  its  very  nature  progressive.  When  its  founda 
tions  were  laid,  it  was  foreseen  and  predicted  that  the  great 
interests  which  it  would  build  up,  would  exert  a  controlling  in 
fluence  over  the  legislation  of  the  country.  The  history  of  the 
world,  indeed,  affords  no  example  of  a  voluntary  relinquishment 
by  a  favored  class  of  any  pecuniary  or  political  advantage,  se 
cured  to  them  by  the  laws  and  general  policy  of  the  country. 
Force  has  often  torn  from  the  hands  of  the  oppressor  his  un 
righteous  gains,  but  reason  and  argument  are  as  vain  in  con 
vincing  the  understanding,  as  appeals  to  justice  and  magna 
nimity  have  ever  proved  to  be  impotent  in  softening  the  hearts 
of  those  who  are  enriched  under  the  operation  of  laws  passed 
professedly  for  the  public  good.  Who  is  there,  that  can  for 
one  moment  believe  that  any  thing  short  of  a  direct  appeal  to 
their  interests,  will  induce  the  dependants  upon  the  Federal 
Government,  the  wealthy  sugar  planters  and  iron  masters,  or  the 
joint  stock  companies,  who  have  millions  invested  in  cotton  and 
woollen  factories,  yielding  under  the  operation  of  the  protecting 
system  an  annual  income  of  10  or  20  per  cent.,  voluntarily  to 
relinquish  the  advantage  secured  to  them  by  the  laws,  and  con 
sent  to  come  down  to  a  level  with  the  other  classes  of  the  com 
munity  ?  It  is  impossible.  From  every  view  then  which  your 
Committee  have  been  able  to  take  of  this  subject,  they  are  con 
strained  to  announce  to  this  Convention  the  solemn  truth,  that 
after  more  than  ten  years  of  patient  endurance  of  a  system, 
which  is  believed  by  the  people  of  this  State  to  be  fatal  to  their 
prosperity,  and  a  gross,  deliberate,  and  palpable  violation  of  their 
constitutional  rights  ;  after  the  most  earnest  and  unavailing  ap 
peals  to  that  sense  of  justice,  and  those  common  sympathies, 
which  ought  to  bind  together  the  different  members  of  a  con 
federated  republic,  the  crisis  has  at  length  arrived,  when  the 
question  must  be  solemnly  and  finally  determined,  whether  there 


23 

remain  any  means,  within  the  power  of  the  State  by  which  these 
evils  may  be  redressed. 

It  is  useless  to  disguise  the  fact,  or  to  attempt  to  delude  our 
selves  on  this  subject ;  the  time  has  come  when  the  State  must 
either  adopt  a  decisive  course  of  action,  or  we  must  at  once  aban 
don  the  contest.  We  cannot  again  petition,  it  would  be  idle  to 
remonstrate,  and  degrading  to  protest.  In  our  estimation  it  is 
now  a  question  of  Liberty  or  Slavery.  It  is  now  to  be  decided, 
whether  we  shall  maintain  the  rights  purchased  by  the  precious 
blood  of  our  fathers,  and  transmit  them  unimpaired  to  our  pos 
terity,  or  tamely  surrender  them  without  a  struggle.  We  are 
constrained  to  express  our  solemn  conviction,  that,  under  the 
protecting  system,  we  have  been  reduced  to  a  state  of  "colonial 
dependence,  suffering  and  disgrace,"  and  that  unless  we  now  fly 
with  the  spirit  which  becomes  freemen,  to  the  rescue  of  our  lib 
erties,  they  are  lost  forever.  Brought  up  in  an  ardent  devotion 
to  the  Union  of  the  States,  the  people  of  South  Carolina  have 
long  struggled  against  the  conviction,  that  the  powers  of  the 
Federal  Government  have  been  shamefully  perverted  to  the  pur 
poses  of  injustice  and  oppression.  Bound  to  their  brethren  by 
the  proud  recollections  of  the  past,  and  fond  hopes  of  the  future, 
by  common  struggles  for  liberty  and  common  glories,  acquired 
in  its  defence,  they  have  been  brought  slowly,  and  with  the  ut 
most  reluctance,  to  the  conclusion,  that  they  are  shut  out  from 
their  sympathies,  and  made  the  unpitied  victims  of  an  inexorable 
system  of  tyranny,  which  is  without  example  in  any  country 
claiming  to  be  free.  Experience  has  at  length  taught  us  the 
lamentable  truth,  that  administered  as  the  government  now  is, 
and  has  been  for  several  years  past,  in  open  disregard  of  all  the 
limitations  prescribed  by  the  Constitution,  the  Union  itself,  in 
stead  of  being  a  blessing  must  soon  become  a  curse.  Liberty, 
we  are  thoroughly  persuaded,  cannot  be  preserved  under  our 
system  without  a  sacred  and  inviolable  regard  not  merely  to  the 
letter,  but  to  the  true  spirit  of  the  Constitution  ;  and  without 
liberty  the  Union  would  not  be  worth  preserving.  If  then  there 
were  no  alternative  but  to  submit  to  these  evils,  or  to  seek  a  rem 
edy  even  in  Revolution  itself,  we  could  not,  without  proving  our 
selves  recreant  to  the  principles  hallowed  by  the  example  of  our 
ancestors,  hesitate  a  moment  as  to  our  choice.  We  should  say, 


24 

in  the  spirit  of  our  fathers,  "we  have  counted  the  cost,  and  find 
nothing  so  intolerable  as  voluntary  slavery."  But  we  cannot 
bring  ourselves  for  one  moment  to  believe  that  the  alternative 
presented  to  us  is  revolution  or  slavery.  We  confidently  be 
lieve  that  there  is  a  redeeming  spirit  in  our  institutions,  which 
may,  on  great  occasions,  be  brought  to  our  aid  for  the  purpose 
of  preserving  the  public  liberty,  restoring  the  Constitution,  and 
effecting  a  regeneration  of  the  Government;  and  thereby  pro 
ducing  a  redress  of  intolerable  grievances,  without  war,  revolu 
tion,  or  a  dissolution  of  the  Union.  These  great  objects,  we  feel 
assured,  may  even  now  be  effected,  unless  those  who  are  in  pos- 
sion  of  the  powers  of  the  government,  and  charged  with  the  ad 
ministration  of  our  national  affairs,  shall  resolve  to  persevere  in 
a  course  of  injustice,  and  prove  by  their  conduct  that  they  love 
the  usurpation  (to  which  the  people  of  this  State  are  unalterably 
determined  not  to  submit)  better  than  the  Union.  We  believe 
that  the  redeeming  spirit  of  our  system  is  State  Sovereignty 
and  that  it  results  from  the  very  form  and  structure  of  the  Fede 
ral  Government ;  that  when  the  rights  reserved  to  the  several 
States  are  deliberately  invaded,  it  is  their  right  and  their  duty  to 
"interpose  for  the  purpose  of  arresting  the  progress  of  the  evil  of 
usurpation,  and  to  maintain  within  their  respective  limits  the  au 
thorities  and  privileges  belonging  to  them  as  independent  sove 
reignties."*  If  the  several  States  do  not  possess  this  right,  it  is 
in  vain  that  they  claim  to  be  sovereign.  They  are  at  once  re 
duced  to  the  degrading  condition  of  humble  dependants  on  the 
will  of  the  Federal  Government.  South  Carolina  claims  to  be  a 
sovereign  State.  She  recognizes  no  tribunal  upon  earth  as  above 
her  authority.  It  is  true  she  has  entered  into  a  solemn  compact 
of  Union  with  oth<3r  sovereign  States  ;  but  she  claims,  and  will 
exercise  the  right  to  determine  the  extent  of  her  obligations  under 
that  compact,  nor  will  she  consent  that  any  other  power  shall 
exercise  the  right  of  judgment  for  her.  And  when  that  compact 
is  violated  by  her  co-States,  or  by  the  Government  which  they 
have  created,  she  asserts  her  unquestionable  right,  "  to  judge  of 
the  infractions,  as  well  as  of  the  mode  and  measure  of  redress. "f 
South  Carolina  claims  no  right  to  judge  for  others.  The  States 

"Virginia  Resolutions  of  '98.  fKentucky  Resolutions  of  1798. 


25 

who  are  parties  to  the  compact,  must  judge  each  for  itself, 
whether  that  compact  has  been  pursued  or  violated ;  and  should 
they  differ  irreconcileably  in  opinion,  there  is  no  earthly  tribunal 
that  can  authoritatively  decide  between  them.  It  was  in  the 
contemplation  of  a  similar  case,  that  Mr.  Jefferson  declared  that 
if  the  difference  could  neither  be  compromised,  nor  avoided,  it 
was  the  peculiar  felicity  of  our  system,  to  have  provided  a  reme 
dy  in  a  Convention  of  all  the  States,  by  whom  the  Constitution 
might  be  so  altered  or  amended,  as  to  remove  the  difficulty. — 
To  this  tribunal,  South  Carolina  is  willing  that  an  appeal  should 
now  be  made,  and  that  the  constitutional  compact  should  be  so 
modified  as  to  accomplish  all  the  great  ends  for  which  the 
Union  was  formed,  and  the  Federal  Government  constituted, 
and,  at  the  same  time,  restore  the  rights  of  the  States,  and  pre 
serve  them  from  violation  hereafter.  Your  Committee  purposely 
avoid  entering  here  into  an  cAumiiiatiuu  of  trie  nature  and  cha 
racter  of  this  claim,  which  South  Carolina  asserts,  to  interpose 
her  sovereignty,  for  the  protection  of  her  citizens  from  the  ope 
ration  of  unconstitutional  Laws,  and  the  preservation  of  her  own 
reserved  rights.  In  an  Address,  which  will  be  submitted  to  the 
Convention,  this  subject  will  be  fully  examined,  and  they  trust 
that  it  will  be  made  to  appear,  to  the  entire  satisfaction  of  every 
dispassionate  mind,  that  in  adopting  the  Ordinance  which  the 
Committee  herewith  report,  declaring  the  Tariff  Laws  passed 
for  the  protection  of  Domestic  Manufacturers,  null  and  void, 
and  not  Law,  and  directing  the  Legislature  to  provide,  that  the 
same  shall  not  be  enforced  within  the  limits  of  this  State, — 
South  Carolina  will  be  asserting  her  unquestionable  rights,  and 
in  no  way  violating  her  obligations  under  the  Federal  Compact. 
The  Committee  cannot  dismiss  this  point,  however,  even  for 
the  present,  without  remarking,  that  in  asserting  the  principles, 
and  adopting  the  course,  which  they  are  about  to  recommend, 
South  Carolina  will  only  be  carrying  out  the  doctrines  which 
were  asserted  by  Virginia  and  Kentucky  in  1798,  and  which 
have  been  sanctified  by  the  high  authority  of  Thomas  Jefferson. 
It  is  from  the  pen  of  this  great  apostle  of  liberty,  that  we  have 
been  instructed  that  to  the  Constitutional  compact,  "  each  State 
acceded  as  a  State,  and  is  an  integral  party,  its  co-states  form 
ing  as  to  itself  the  other  party,"  that  "  they  alone  being  parties 
5 


26 

to  the  compact,  are  solely  authorized  to  judge  in  the  last  resort 
of  the  powers  exercised  under  it:  Congress  being  not  a  party, 
but  merely  the  creature  of  the  compact,"  that  it  becomes   a 
sovereign  State,  "  to  submit  to  undelegated,  and.  consequently, 
unlimited  power  in  no  man  or  body  of  men  on  earth :  that  in 
cases  of  abuse  of  the  delegated  powers,  the  members  of  the  Gene 
ral  Government  being  chosen  by  the  people,  a  change  by  the 
people  would  be  the  Constitutional  remedy  ;  but  where  powers 
are  assumed  which  have  not  been  delegated,  [the  very  case  now 
before  us]   a  nullification  of  the  act  is   the  rightful  remedy  ; 
that  every  State  has  a  natural  right,   in  cases  not  within  the 
compact,  [auus  non  faderis]  to  nullify,  of  their  own  authority, 
all  assumption  of  power  by  others  within  their  limits,  and  that 
without  this  right  they  would  be  under  the  dominion  absolute 
and  unlimited,  of  whomsoever  might  exercise  the  right  of  judg 
ment  for  them ;"  aod  that  iu  case  uf  acts  being  passed  by  Con 
gress.  "  so  palpably  against  the  Constitution  as  to  amount  to  an 
undisguised  declaration,  that  the  compact  is  not  meant  to  be 
the  measure  of  the  powers  of  the  General  Government,  but  that 
it  will  proceed  to  exercise  over  the  States  all  powers  whatso 
ever,  by  seizing  the  rights  of  the  States,  and  consolidating  them 
in  the  hands  of  the  General  Government,  with  a  power  assumed 
of  binding  the  States,  not  merely  in  cases  made  federal,  but  in 
all  cases  whatsoever,  by  laws  made,  not  with  their  consent,  but 
by  others  against  their  consent,  it  would  be  the  duty  of  the 
States  to  declare  the  Acts  void  and  of  no  force,  and  that  each 
should  take  measures  of  its  own  for  providing  that  neither  such 
acts,  nor  any  other  of  the  General  Government,  not  plainly  and 
intentionally  authorized  by  the  Constitution,  shall  be  exercised 
within  their  respective  territories." 

In  acting  on  these  great  and  essential  truths,  South  Carolina 
surely  cannot  err.  She  is  convinced,  and  has  so  declared  to 
Congress  and  the  World,  that  the  protecting  system  is  in  all  its 
branches  a  "gross,  deliberate,  and  palpable  violation  of  the 
Constitution."  She  believes  that  after  having  exhausted  every 
other  means  of  redress  in  vain,  it  is  her  right,  and  that  it  has 
now  become  her  solemn  duty,  to  interpose  for  arresting  the  evil 
within  her  own  limits,  by  declaring  said  Acts  "  to  be  null  and 
void,  and  no  law.  and  taking  measures  of  her  own  that  they  shall 


27 

not  be  enforced  within  her  territory."  That  duty  she  means  to 
perform,  and  to  leave  the  consequences  in  the  hands  of  Him. 
with  whom  are  the  issues  of  life  and  the  destinies  of  nations. 

South  Carolina  will  continue  to  cherish  a  sincere  attachment 
to  the  onoN  of  the  States,  and  will  to  the  utmost  of  her  poster 
endeavor  to  preserve  it,  "  and  believes  that  for  this  end,  it  is  her 
duty  to  watch  over  and  oppose  any  infraction  of  those  principles 
which  constitute  the  only  basis  of  that  union,  because  a  faithful 
observance  of  them  can  alone  secure  its  existence."  She  vene 
rates  the  Constitution,  and  will  protect  and  defend  it  "  against 
every  aggression,  either  foreign  or  domestic  ;~  but,  abore  all, 
she  estimates  as  beyond  all  price  her  liberty,  which  she  is  un 
alterably  determined  never  to  surrender  while  she  has  the  power 
to  maintain  it.  Influenced  by  these  views,  your  Committee  re 
port  herewith,  for  the  adoption  of  the  Convention,  a  solemn 
Declaration  and  Ordinance. 


AN  ORDINANCE, 

To  Nullify  certain  Acts  of  the  Congress  of  the  United  States,  pur 
porting  to  be  Laws  laying  Duties  and  Imposts  on  the  Importation 
of  Foreign  Commodities. 

WHEREAS,  the  Congress  of  the  United  States,  by  various  acts, 
purporting  to  be  acts  laying  duties  and  imposts  on  foreign  im 
ports,  but  in  reality  intended  for  the  protection  of  domestic 
manufactures,  and  the  giving  of  bounties  to  classes  and  indi 
viduals  engaged  in  particular  employments,  at  the  expense  and 
to  the  injury  and  oppression  of  other  classes  and  individuals,  and 
by  wholly  exempting  from  taxation,  certain  foreign  commodities, 
such  as  are  not  produced  or  manufactured  in  the  United  States, 
to  afford  a  pretext  for  imposing  higher  and  excessive  duties  on 
articles  similar  to  those  intended  to  be  protected,  hath  exceeded 
its  just  powers  under  the  Constitution,  which  confers  on  it  no 
authority  to  afford  such  protection,  and  hath  violated  the  true 
meaning  and  intent  of  the  Constitution,  which  provides  for 
equality  in  imposing  the  burdens  of  taxation  upon  the  several 
States  and  portions  of  the  Confederacy ; — And,  whereas,  the 
said  Congress,  exceeding  its  just  power  to  impose  taxes  and  col 
lect  revenue  for  the  purpose  of  effecting  and  accomplishing  the 
specific  objects  and  purposes  which  the  Constitution  of  the 
United  States  authorizes  it  to  effect  and  accomplish,  hath  raised 
and  collected  unnecessary  revenue,  for  objects  unauthorized  by 
the  Constitution ; 

We,  therefore,  the  people  of  the  State  of  South  Carolina,  in 
Convention  assembled,  do  declare  and  ordain,  and  it  is  hereby 
declared  and  ordained,  that  the  several  acts  and  parts  of  acts  of 
the  Congress  of  the  United  States,  purporting  to  be  laws  for  the 
imposing  of  duties  and  imposts  on  the  importation  of  foreign 
commodities,  and  now  having  actual  operation  and  effect  within 
the  United  States,  and  more  especially  an  act  entitled  "  an  act 
in  alteration  of  the  several  acts  imposing  duties  on  imports,"  ap 
proved  on  the  nineteenth  day  of  May,  one  thousand  eight  him- 


29 

dred  and  twenty-eight,  and  also  an  act  entitled  "  an  act  to  alter 
and  amend  the  several  acts  imposing  duties  on  imports,"  approved 
on  the  fourteenth  day  of  July,  one  thousand  eight  hundred  and 
thirty-two,  are  unauthorized  by  the  Constitution  of  the  United 
States,  and  violate  the  true  meaning  and  intent  thereof,  and  are 
null,  void,  and  no  law,  nor  binding  upon  this  State,  its  officers  or 
citizens ;  and  all  promises,  contracts,  and  obligations  made  or 
entered  into,  or  to  be  made  or  entered  into  with  purpose  to 
secure  the  duties  imposed  by  the  said  acts,  and  all  judicial  pro 
ceedings  which  shall  be  hereafter  had  in  affirmance  thereof,  are 
and  shall  be  held  utterly  null  and  void. 

And  it  is  further  ordained,  That  it  shall  not  be  lawful  for  any 
of  the  constituted  authorities,  whether  of  this  State,  or  of  the 
United  States,  to  enforce  the  payment  of  duties  imposed  by  the 
said  acts  within  the  limits  of  this  State ;  but  it  shall  be  the  duty 
of  the  Legislature  to  adopt  such  measures,  and  pass  such  acts  as 
may  be  necessary  to  give  full  effect  to  this  ordinance,  and  to  pre 
vent  the  enforcement  and  arrest  the  operation  of  the  said  acts  and 
parts  of  acts  of  the  Congress  of  the  United  States,  within  the  limits 
of  this  State,  from  and  after  the  first  day  of  February  next,  and 
the  duty  of  all  other  constituted  authorities,  and  all  persons  resi 
ding  or  being  within  the  limits  of  this  State,  and  they  are  hereby 
required  and  enjoined  to  obey  and  give  effect  to  this  Ordinance, 
and  such  acts  and  measures  of  the  Legislature  as  may  be  passed 
or  adopted  in  obedience  thereto. 

And  it  is  further  ordained,  That  in  no  case  of  law  or  equity, 
decided  in  the  Courts  of  this  State,  wherein  shall  be  drawn  in 
question  the  authority  of  this  Ordinance,  or  the  validity  of  such 
act  or  acts  of  the  Legislature  as  may  be  passed  for  the  purpose 
of  giving  effect  thereto,  or  the  validity  of  the  aforesaid  acts  of 
Congress,  imposing  duties,  shall  any  appeal  be  taken  or  allowed 
to  the  Supreme  Court  of  the  United  States,  nor  shall  any  copy 
of  the  record  be  permitted  or  allowed  for  that  purpose ;  and  if 
any  such  appeal  shall  be  attempted  to  be  taken,  the  Courts  of 
this  State,  shall  proceed  to  execute  and  enforce  their  judgments, 
according  to  the  laws  and  usages  of  the  State,  without  reference 
to  such  attempted  appeal,  and  the  person  or  persons  attempting 
to  take  such  appeal  may  be  dealt  with  as  for  a  contempt  of  the 
Court. 


30 

And  it  is  further  ordained,  That  all  persons  now  holding  any 
office  of  honor,  profit  or  trust,  civil  or  military,  under  this  State, 
(members  of  the  Legislature  excepted)  shall,  within  such  time, 
and  in  such  manner  as  the  Legislature  shall  prescribe,  take  an 
oath,  well  and  truly  to  obey,  execute  and  enforce  this  Ordinance, 
and  such  act  or  acts  of  the  Legislature  as  may  be  passed  in  pur 
suance  thereof,  according  to  the  true  intent  and  meaning  of  the 
same ;  and,  on  the  neglect  or  omission  of  any  such  person  or 
persons  so  to  do,  his  or  their  office  or  offices  shall  be  forthwith 
vacated,  and  shall  be  filled  up,  as  if  such  person  or  persons  were 
dead,  or  had  resigned  ;  and  no  person  hereafter  elected  to  any 
office  of  honor,  profit  or  trust,  civil  or  military,  (members  of  the 
Legislature  excepted)  shall,  until  the  Legislature  shall  otherwise 
provide  and  direct,  enter  on  the  execution  of  his  office,  or  be  in  any 
respect  competent  to  discharge  the  duties  thereof,  until  he  shall, 
in  like  manner,  have  taken  a  similar  oath  ;  and  no  juror  shall  be 
impannelled  in  any  of  the  Courts  of  this  State,  in  any  cause  in 
which  shall  be  in  question  this  Ordinance,  or  any  act  of  the  Le 
gislature  passed  in  pursuance  thereof,  unless  he  shall  first,  in 
addition  to  the  usual  oath,  have  taken  an  oath  that  he  will  well 
and  truly  obey,  execute,  and  enforce  this  Ordinance,  and  such 
act  or  acts  of  the  Legislature,  as  may  be  passed  to  carry  the 
same  into  operation  and  effect,  according  to  the  true  intent  and 
meaning  thereof. 

And  we,  the  people  of  South  Carolina,  to  the  end  that  it  may 
be  fully  understood  by  the  Government  of  the  United  States,  and 
the  people  of  the  co-States,  that  we  are  determined  to  maintain 
this,  our  Ordinance  and  declaration,  at  every  hazard,  do  further 
declare  that  we  will  not  submit  to  the  application  of  force,  on 
the  part  of  the  Federal  Government,  to  reduce  this  State  to 
obedience ;  but  that  we  will  consider  the  passage  by  Congress, 
of  any  act  authorizing  the  employment  of  a  military  or  naval 
force  against  the  State  of  South  Carolina,  her  constituted  autho 
rities  or  citizens, — or  any  act,  abolishing  or  closing  the  ports  of 
this  State,  or  any  of  them,  or  otherwise  obstructing  the  free  in 
gress  and  egress  of  vessels  to  and  from  the  said  ports, — or  any 
other  act  on  the  part  of  the  Federal  Government,  to  coerce  the 
State,  shut  up  her  ports,  destroy  or  harrass  her  commerce,  or  to 
enforce  the  acts  hereby  declared  to  be  null  and  void,  otherwise 


31 


than  through  the  civil  tribunals  of  the  country,  as  inconsistent 
with  the  longer  continuance  of  South  Carolina  in  the  Union  ; 
and  that  the  people  of  this  State  will  thenceforth  hold  themselves 
absolved  from  all  further  obligation  to  maintain  or  preserve  their 
political  connexion  with  the  people  of  the  other  States,  and  will 
forthwith  proceed  to  organize  a  separate  Government,  and  do  all 
other  acts  and  things  which  sovereign  and  independent  States 
may  of  right  do. 

Done  in  Convention,  at  Columbia,  the  twenty-fourth  day  of 
November,  in  the  year  of  our  Lord,  one  thousand  eight  hundred 
and  thirty-two,  and  in  the  fifty-seventh  year  of  the  Declaration 
of  the  Independence  of  the  United  States  of  America. 

JAMES   HAMILTON,  JUN.,  President  of  the  Convention, 

and  Delegate  from  St.  Peters. 


James  Hamilton,  sen. 

Richard  Bohun  Baker,  sen. 

Samuel  Warren. 

Nathaniel  Heyvvard. 

Robert  Long. 

J.  B,  Earle. 

L,  M.  Ayer. 

Benjamin  Adams. 

James  Adams. 

James  Anderson. 

Robert  Anderson. 

William  Arnold. 

John  Ball. 

Barnard  E.  Bee. 

Thomas  W.  Boone. 

James  Lynah. 

Francis  Y.  Legare. 

Alex.  L  Lawton. 

John  Lipscomb. 

John  Logan. 

J.  Littlejohn. 

A.  Lancastar. 

John  Magrath. 


Wm.  M.  Murray. 
R.  G.  Mills. 
John  B.  McCall. 
D.  H.  Means. 
R.  G.  Mays. 
R.  W.  Barnwell. 
Isaac  Bradwell  jr. 
Thomas  G.  Blewett. 
P.  M.  Butler. 
John  G.  Brown. 
J.  G.  Brown. 
John  Bauskett. 
A.  Burt. 
Francis  Burt,  jr. 
Bailey  Barton. 
A.  Bowie. 
James  A.  Black. 
A.  H.  Belin. 
Philip  Cohen. 
Samuel  Cordes. 
Thomas  H.  Colcock, 
C.  J.  Colcock. 
Charles  G.  Capers. 


Benj.  A.  Markley. 
John  S.  Maner. 
John  Counts. 
Benjamin  Chambers. 
I.  A.  Campbell. 
Wm.  Dubose. 
John  H.  Dawson. 
John  Douglas. 
George  Douglas. 
F.  H.  Elmore. 
Wm.  Evans. 
Edmund  J.  Felder. 
A.  Fuller. 
Theo.  L.  Gourdin. 
Peter  G.  Gourdin. 
T.  J.  Goodwyn. 
Peter  Gaillard,  jr. 
John  K.  Griffin. 
George  W.  Gleen. 
Alex.  L.  Gregg. 
Robert  Y.  Hayne. 
William  Harper. 
Thomas  Harrison. 
John  Hatton. 
Thomas  Harllee. 
Abm.  Huguenin. 
Jacob  Bond  POn. 
John  S.  Jeter. 
Job  Johnston. 
John  S.  James. 
M.  Jacobs. 
J.  A.  Keith. 
John  Key. 
Jacob  H.  King. 
Stephen  Lacoste. 
George  McDuffie. 
James  Moore. 
John  L.  Miller. 
Stephen  D.  Miller. 


Wm.  C.  Clifton. 
West  Caughman. 
Wm.  Porcher. 
Edward  G.  Palmer. 
Chs.  C.  Pinckney. 
Wm.  C.  Pinckney. 
Thomas  Pinckney. 
Francis  D.  Quash. 
John  Rivers. 
Donald  Rowe. 
Benjamin  Rogers. 
Thomas  Ray. 
James  G.  Spann. 
James  Spann. 
S.  L.  Simons. 
Peter  J.  Shand. 
James  Mongin  Smith, 
G.  H.  Smith. 
Wm.  Smith. 
Stepen  Smith. 
Wm.  Stringfellow. 
Edwin  J.  Scott. 
F.  W.  Symmes. 
J.  S.  Sims. 
T.  D.  Singleton. 
Joseph  L.  Stevens. 
T.  E.  Screven. 
Robt.  J.  Turnbull. 
Elisha  Tyler. 
Philip  Tidyman. 
Isaac  B.  Ulmer. 
Peter  Vaught. 
Elias  Vanderhorst. 
John  L.  Wilson. 
Isham  Walker. 
Wm.  Williams. 
Thos.  B.  Woodward. 
Sterlin  C.  Williamson. 
F.  H.  Wardlaw. 


33 

John  B.  Miller.  Abner  Whatley. 

R.  P.  McCord.  J.  T.  Whitefield. 

John  L.  Nowell.  Saml.  L.  Watt. 

Jennings  O'Bannon.  Nicholas  Ware. 

J.  Walter  Phillips.  Wm.  Waties. 

Charles  Parker.  Archibald  Young. 
[Attest.] 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention. 


ADDRESS 


TO   THE 


PEOPLE  OP  SOUTH  CAROLINA, 


BY  THEIR 


DELEGATES   IN   CONVENTION. 


ADDRESS. 


FELLOW  CITIZENS  : 

THE  situation  in  which  you  hare  been  placed  by  the  usurpa 
tions  of  the  Federal  Government,  is  one  which  you  so  peculiarly 
feel,  as  to  render  all  reference  to  it  at  this  moment  unnecessary. 
For  the  last  ten  years  the  subject  of  your  grievances  has  been 
presented  to  you.  This  subject  you  have  well  considered  You 
have  viewed  it  in  all  its  aspects,  bearings,  and  tendencies,  and 
you  seem  more  and  more  confirmed  in  the  opinion,  expressed  by 
both  branches  of  the  Legislature,  that  the  Tariff,  in  its  operation, 
is  not  only  "grossly  unequal  and  unjust,  but  is  such  an  abuse  of 
power  as  is  incompatible  with  the  principles  of  a  Free  Govern 
ment,  and  the  great  ends  of  civil  society ;"  and  that,  if  persisted 
in,  "the  fate  of  this  State  would  be  poverty  and  utter  desolation." 
Correspondent  with  this  conviction,  a  disposition  is  manifested 
in  every  section  of  the  Country,  to  arrest,  by  some  means  or 
other,  the  progress  of  this  intolerable  evil.  This  disposition 
having  arisen,  from  no  sudden  excitement,  but  having  been  grad 
ually  formed  by  the  free  and  temperate  discussions  of  the  Press, 
there  is  no  reason  to  believe  that  it  can  ever  subside,  by  any 
means  short  of  the  removal  of  the  urgent  abuse  ;  and  it  is  under 
this  general  conviction,  that  we  have  been  convened  to  take  into 
consideration,  not  only  the  character  and  extent  of  your  griev 
ances,  but  also  the  mode  and  measure  of  redress. 

This  duty,  Fellow  Citizens,  we  have  discharged  to  the  best  of 
our  judgments,  and  the  result  of  our  deliberations  will  be  found 
in  the  Declaration  and  Ordinance,  just  passed  by  us — founded 
on  the  great  and  undeniable  truth,  that  in  all  cases  of  a  palpa- 


38 

ble,  oppressive,  and  dangerous  infraction  of  the  Federal  compact, 
each  State  has  a  right  to  annul,  and  to  render  inoperative  within 
its  limits,  all  such  unauthorized  acts.  After  the  luminous  expo 
sitions  which  have  been  already  furnished  by  so  many  great 
minds,  that  the  exercise  of  this  right  is  compatible  with  the  first 
principles  of  our  anomalous  scheme  of  Government,  it  would  be 
superfluous  here  to  state  at  length,  the  reasons  by  which  this 
mode  of  redress  is  to  be  sustained.  A  deference  however,  for  the 
opinions  of  those  of  our  fellow  citizens  who  have  hitherto  dis 
sented  from  us,  demands,  that  we  should  briefly  state  the  princi 
pal  ground  upon  which  we  place  the  right,  and  the  expediency 
of  Nullification. 

The  Constitution  of  the  United  States,  as  is  admitted  by  co- 
temporaneous  writers,  is  a  compact  between  Sovereign  States. 
Though  the  subject  matter  of  that  compact,  was  a  Government, 
the  powers  of  which  Government  were  to  operate,  to  a  certain 
extent,  upon  the  People  of  those  Sovereign  States,  aggregately, 
and  not  upon  the  State  Authorities,  as  is  usual  in  Confederacies, 
still  the  Constitution  is  a  Confederacy.  First :  It  is  a  Confede 
racy,  because  in  its  foundations,  it  possesses  not  one  single 
feature  of  nationality.  The  people  of  the  separate  States,  as 
distinct  political  communities,  ratified  the  Constitution,  each 
State  acting  for  itself,  and  binding  its  own  citizens,  and  not  those 
of  any  other  State.  The  act  of  ratification  declares  it  "to  be 
binding  on  the  States,  so  ratifying.  The  States  are  its  authors 
— their  power  created  it — their  voice  clothed  it  with  authority — 
the  Government  it  formed  is  in  reality  their  Government,  and  the 
Union  of  which  it  is  the  bond,  is  a  Union  of  States,  and  not  of 
individuals."  Secondly :  It  is  a  Confederacy,  because  the  ex 
tent  of  the  powers  of  the  Government,  depends,  not  upon  the 
People  of  the  United  States,  collectively,  but  upon  the  State 
Legislatures,  or  on  the  people  of  the  separate  States,  acting  in 
their  State  Conventions,  each  State  being  represented  by  a  sin 
gle  vote. 

It  must  never  be  forgotten,  that  it  is  to  the  creating  and  to  the 
controlling  power,  that  we  are  to  look  for  the  true  character  of 
the  Federal  Government ;  for  the  present  controversy  is,  not  as 
to  the  sources  from  which  the  ordinary  powers  of  the  Govern 
ment  are  drawn  ;  these  are  partly  federal,  and  partly  national. 


39 

Nor  is  it  relevant,  to  consider  upon  whom  those  powers  operate. 
In  this  last  view,  the  Government,  for  limited  purposes,  is  entire 
ly  national.  The  true  question  is,  who  are  the  parties  to  the 
compact  ?  Who  created,  and  who  can  alter  and  destroy  it.  Is 
it  the  States,  or  the  People  ?  This  question  has  been  already 
answered.  The  States,  as  States,  ratified  the  compact.  The 
People  of  the  United  States,  collectively,  had  no  agency  in 
its  formation.  There  did  not  exist  then,  nor  has  there  existed 
at  any  time  since,  such  a  political  body  as  the  People  of  the 
United  States.  There  is  not  now,  nor  has  there  ever  been  such  a 
relation  existing,  as  that  of  a  citizen  of  New  Hampshire,  and  a 
citizen  of  South  Carolina,  bound  together  in  the  same  Social 
Compact.  It  would  be  a  waste  of  time  to  dwell  longer  on  this 
part  of  our  subject.  We  repeat,  that  as  regards  the  foundation, 
and  the  extent  of  its  powers,  the  Government  of  the  United 
States  is  strictly,  what  its  name  implies,  a  Federal  Government, 
— a  league  between  several  Sovereigns  ;  and  in  these  views,  a 
more  perfect  Confederacy  has  never  existed  in  ancient  or  modern 
times. 

On  looking  into  this  Constitution,  we  find  that  the  most  im 
portant  sovereign  powers  are  delegated  to  the  central  Govern 
ment,  and  all  other  powers  are  reserved  to  the  States.  A  foreign, 
or  an  inattentive  reader,  unacquainted  with  the  origin,  progress 
and  history  of  the  Constitution,  would  be  very  apt,  from  the 
phraseology  of  the  instrument,  to  regard  the  States,  as  having 
divested  themselves  of  their  Sovereignty,  and  to  have  become 
great  corporations,  subordinate  to  one  Supreme  Government. — - 
But  this  is  an  error.  The  States  are  as  Sovereign  now,  as  they 
were  prior  to  their  entering  into  the  compact.  In  common  par 
lance,  and  to  avoid  circumlocution,  it  may  be  admissible  enough, 
to  speak  of  delegated  and  reserved  Sovereignty.  But,  correctly 
speaking,  Sovereignty  is  an  unit.  It  is  "one,  indivisible  and  un- 
alienable."  It  is,  therefore,  an  absurdity  to  imagine,  that  the 
Sovereignty  of  the  States,  is  surrendered  in  part,  and  retained  in 
part.  The  Federal  Constitution,  is  a  treaty,  a  confederation,  an 
alliance  by  which  so  many  Sovereign  States,  agree  to  exercise 
their  sovereign  powers  conjointly,  upon  certain  objects  of  exter 
nal  concern,  in  which  they  are  equally  interested,  such  as  War, 
Peace,  Commerce,  Foreign  Negotiation,  and  Indian  Trade  ;  and 


40 


upon  all  other  subjects  of  civil  Government,  they  were  to  exer 
cise  their  Sovereignty  separately.  This  is  the  true  nature  of  the 
compact. 

For  the  convenient  conjoint  exercise  of  the  Sovereignty  of  the 
States,  there  must  of  necessity  be  some  common  agency  or  func 
tionary.  This  agency  is  the  Federal  Government.  It  represents 
the  confederated  States,  and  executes  their  joint  will,  as  express 
ed  in  the  compact.  The  powers  of  this  government  are  wholly 
derivative.  It  possesses  no  more  inherent  sovereignty,  than  an 
incorporated  town,  or  any  other  corporate  body; — it  is  a  political 
corporation,  and  like  all  corporations,  it  looks  for  its  powers  to 
an  exterior  source.  That  source  is  the  States.  It  wants  that 
"irresistible,  absolute,  uncontrolled  authority,"  without  which, 
according  to  jurists,  there  can  be  no  sovereignty.  As  the  States 
conferred,  so  the  States  can  take  away  its  powers.  All  inherent 
sovereignty,  is  therefore  in  the  States.  It  is  the  moral  obliga 
tion  alone,  which  each  State  has  chosen  to  impose  upon  herself, 
and  not  the  want  of  sovereignty,  which  restrains  her  from  exer 
cising  all  those  powers,  which  (as  we  are  accustomed  to  express 
ourselves)' she  has  surrendered  to  the  Federal  Government. — 
The  present  organization  of  our  Government,  as  far  as  regards 
the  terms  in  which  the  powers  of  Congress  are  delegated,  in  no 
wise  differs  from  the  old  Confederation.  The  powers  of  the  Old 
Congress  were  delegated  rather  in  stronger  language,  than  we 
find  them  written  down  in  the  new  charter,  and  yet  he  would 
hazard  a  bold  assertion,  who  would  say,  that  the  States  of  the  old 
Confederacy  were  not  as  Sovereign  as  Great  Britain,  France  and 
Russia  would  be  in  an  alliance  offensive  and  defensive.  It  was 
not  the  reservation,  in  express  terms,  of  the  "Sovereignty,  Free 
dom,  and  Independence  of  each  State"  which  made  them  Sove 
reign.  They  would  have  been  equally  Sovereign,  as  is  univer 
sally  admitted,  without  such  a  reservation. 

We  have  said  thus  much  upon  the  subject  of  Sovereignty,  be 
cause  the  only  foundation  upon  which  we  can  safely  erect  the 
right  of  a  State  to  protect  its  citizens,  is,  that  South  Carolina,  by 
the  Declaration  of  Independence,  became,  and  has  since  con 
tinued  a  Free,  Sovereign,  and  Independent  State.  That  as  a 
Sovereign  State,  she  has  the  inherent  power,  to  do  all  those  acts, 
which  by  the  law  of  nations,  any  Prince  or  Potentate  may  of 


41 


right  do.  That,  like  all  independent  States,  she  neither  has,  nor 
ought  she  to  suffer  any  other  restraint  upon  her  sovereign  will 
and  pleasure,  than  those  high,  moral  obligations,  under  which 
all  Princes  and  States  are  bound,  before  God  and  man,  to 
perform  their  solemn  pledges.  The  inevitable  conclusion  from 
what  has  been  said,  therefore  is,  that  as  in  all  cases  of  compact 
between  Independent  Sovereigns,  where,  from  the  very  nature 
of  things,  there  can  be  no  common  judge  or  umpire,  each  sove 
reign  has  a  right  "to  judge  as  well  of  infractions,  as  of  the  mode 
and  measure  of  redress,"  so  in  the  present  controversy  between 
South  Carolina  and  the  Federal  Government,  it  belongs  solely 
to  her,  by  her  delegates  in  solemn  Convention  assembled,  to  de 
cide  whether  the  federal  compact  be  violated,  and  what  remedy 
the  State  ought  to  pursue.  South  Carolina  therefore  cannot, 
and  will  not  yield  to  any  department  of  the  Federal  Government, 
and  still  less  to  the  Supreme  Court  of  the  United  States,  the 
creature  of  a  Government,  which  itself  is  a  creature  of  the 
States,  a  right  which  enters  into  the  essence  of  all  sovereignty, 
and  without  which  it  would  become  a  bauble  and  a  name. 

It  is  fortunate  for  the  view  which  we  have  just  taken,  that  the 
history  of  the  Constitution,  as  traced  through  the  Journals  of  the 
Convention  which  framed  that  instrument,  places  the  right  con 
tended  for  upon  the  same  sure  foundation.  These  journals  fur 
nish  abundant  proof,  that  "  no  line  of  jurisdiction  between  the 
States  and  Federal  Government,  in  doubtful  cases,"  could  be 
agreed  on.  It  was  conceded  by  Mr.  Madison  and  Mr.  Ran 
dolph,  the  most  prominent  advocates  for  a  Supreme  Government? 
that  it  was  impossible  to  draw  this  line,  because  no  tribunal  suf 
ficiently  impartial,  as  they  conceived,  could  be  found,  and  that 
there  was  no  alternative,  but  to  make  the  Federal  Government 
supreme,  by  giving  it,  in  all  such  cases,  a  negative  on  the  acts 
of  the  State  Legislatures.  The  pertinacity  with  which  this  neg 
ative  power  was  insisted  on  by  the  advocates  of  a  national  Gov 
ernment,  even  after  all  the  important  provisions  of  the  judiciary 
or  third  article  of  the  Constitution  were  arranged  and  agreed  to, 
proves  beyond  doubt,  that  the  Supreme  Court  was  never  con 
templated  by  either  party,  in  that  Convention,  as  an  arbiter,  to 
decide  conflicting  claims  of  sovereignty  between  the  States  and 
Congress ;  and  the  repeated  rejection  of  all  proposals  to  take 


42 

from  the  States  the  power  of  placing  their  own  construction 
upon  the  articles  of  Union,  evinces  that  the  States  were  resolved 
never  to  part  with  the  right  to  judge,  whether  the  acts  of  the 
Federal  Legislature  were,  or  were  not,  an  infringement  of  those 
articles. 

Correspondent  with  the  right  of  a  Sovereign  State  to  judge  of 
the  infractions  of  the  Federal  Compact,  is  the  duty  of  this  Con 
vention  to  declare  the  extent  of  the  grievance,  and  the  mode  and 
measure  of  redress.  On  both  these  points,  public  opinion  has 
already  anticipated  us,  in  much  that  we  could  urge.  It  is  doubt 
ed,  whether  in  any  country,  any  subject  has  undergone,  before 
the  people,  a  more  thorough  examination  than  the  constitution 
ality  of  the  several  acts  of  Congress  for  the  protection  of  Do 
mestic  Manufactures.  Independent  of  the  present  embarrass 
ments,  they  throw  in  the  way  of  our  commerce,  and  the  plain  in 
dications,  that  certain  articles,  which  are  the  natural  exchange 
for  our  valuable  staple  products,  are  sooner  or  later  to  be  virtu 
ally  prohibited — independent  of  the  diminution  which  these  im 
post  duties  cause  in  our  incomes,  and  the  severity  of  the  Tax 
upon  all  articles  of  consumption  needed  by  the  poor,  they  recog 
nize  a  principle,  not  less  at  war  with  the  ends  for  which  this 
great  confederacy  was  formed,  than  it  is  with  that  spirit  of  jus 
tice,  and  [those  feelings  of  concord  which  ought  to  prevail 
amongst  States,  united  by  so  many  common  interests  and  exalted 
triumphs.  The  people  surely  need  not  be  told,  in  this  advanced 
period  of  intellect  and  of  freedom,  that  no  government  can  be 
free,  which  can  rightfully  impose  a  tax,  for  the  encouragement 
of  one  branch  of  industry  at  the  expense  of  all  others,  unless 
such  a  tax  be  justified  by  some  great  and  unavoidable  public 
necessity.  Still  less  can  the  people  believe,  that  in  a  confedera 
cy  of  States,  designed  principally,  as  an  alliance  offensive  and 
defensive,  its  authors  could  ever  have  contemplated,  that  the 
federal  head  should  regulate  the  domestic  industry  of  a  widely 
extended  country  ;  distinguished,  above  all  others,  for  the  diver 
sity  of  interests,  pursuits  and  resources,  in  its  various  sections. 
It  was  this  acknowledged  diversity,  that  caused  the  arrangement 
of  a  conjoint  and  separate  exercise  of  the  sovereign  authority ; 
the  one  to  regulate  external  concerns,  and  the  other  to  have  ab 
solute  control  "over  the  lives,  liberties,  and  properties  of  the 


43 

people,  and  the  internal  order,  improvement,  and  prosperity  of 
the  States." 

It  is  the  striking  characteristic  in  the  operation  of  a  simple 
and  consolidated  government,  that  it  protects  Manufactures, 

Agriculture,  or  any  other  branch  of  the  public  industry that  it 

can  establish  corporations  or  make  Roads  and  Canals,  and  patron 
ize  learning  and  the  arts.     But  it  would  be  difficult  to  shew,  that 
such  was  the  government  which  the  sages  of  the  Convention  de 
signed  for  the  States.     All  these  powers  were  proposed  to  be 
given  to  Congress,  and  they  were  proposed  by  that  party  in  the 
Convention  who  desired  a  firm  National  Government.     The  Con 
vention  having  decided  on  the  federal  form,  in  exclusion  of  the 
national,  all  these  propositions  were  rejected  ;  and  yet  we  have 
lived  to  see  an  American  Congress,  who  can  hold  no  power  ex 
cept  by  express  grant,  as  fully  in  the  exercise  of  these  powers, 
as  if  they  were  part  and  parcel  of  their  expressly  delegated  au 
thority.     Under  a  pretence  of  regulating  Commerce;  they  would 
virtually  prohibit  it.     Were  this  regulation  of  Commerce  resort 
ed  to,  as  a  means  of  coercing  foreign  nations  to  a  fair  reciprocity 
in  their  intercourse  with  us,  or  for  some  other  bona  fide  commer 
cial  purpose,  as   has  been  justly  said  by  our  Legislature,  the 
Tariff  acts  would  be  constitutional.     But  none  of  these  acts  have 
been  passed  as  countervailing  or  retaliatory  measures,  for  re 
strictions  placed  on  our  Commerce  by  foreign  nations.     Whilst 
other  nations  seem  disposed  to  relax   in  their  restraints  upon 
trade,  our  Congress  seems  absolutely  bent  upon  the  interdiction 
of  those  articles  of  Merchandize,  which  are  exchangeable  for  the 
products  of  Southern  labor,  thus  causing  the  principal  burthen 
of  taxation  to  fall  upon  this  portion  of  the  Union,  and  by  de 
priving  us  of  our  accustomed  Markets,  to  impoverish  our  whole 
Southern  country.     In  the  same  manner,  and  under  the  pretence 
of  promoting  the  Internal  Improvement  of  the   States,  and  for 
other  equally  unjustifiable  and  unconstitutional  purposes,  Con 
gress  is  in  the  constant  habit  of  violating  those  fundamental 
principles  of  the  Constitution,  on  which  alone  can  rest  the  pros 
perity  of  the  States,  and  the  durability  of  the  Union, 

It  is  in  vain  to  imagine,  that  with  a  people  who  have  strug 
gled  for  freedom,  and  know  its  inestimable  value,  such  a  state 
of  affairs  can  be  endured  longer  than  there  is  a  well  founded 


44 

hope,  that  reason  and  justice  will  resume  their  empire  in  the 
common  council  of  the  confederacy.    That  hope  having  expired 
with  the  last  session  of  Congress,  by  the  present  Tariff  act,  dis 
tinctly  and  fully  recognizing  as  the  permanent  policy  of  the 
country,  the  odious  principle  of  protection,  it  occurs  to  us,  that 
there  is  but  one  course  for  the  State  to  pursue.     That  course 
fellow-citizens  is  resistance.     Not   physical,  but  moral  resist 
ance — not  resistance  in  an  angry  or  irritated  feeling,  but  resist 
ance  by  such  counter-legislation,  which,  whilst  it  shall  evince  to 
the  world  that  our  measures  are  built  upon  the  necessity  of  ten 
dering  to  Congress  an  amicable  issue,  to  try  a  doubtful  question 
between  friends  and  neighbors,  shall  at  the  same  time  secure  us 
in  the  enjoyment  of  our  rights  and  privileges.     It  matters  not, 
fellow  citizens,  by  what  name  this  counter-legislation  shall  be 
designated  ;  call  it  Nullification,  State  interposition,  State  veto, 
or  by  whatever  other  name  you  please,  still  if  it  be  but  resistance 
to  an  oppressive  measure,  it  is  the  course  which  duty,  patriot 
ism,  and  self-preservation  prescribes.     If  we  are  asked,  upon 
what  ground  we  place  the  right  to  resist  a  particular  law  of 
Congress,  and  yet  regard  ourselves  as  a  constituent  member  of 
the  Union,  we  answer— the  ground  of  the  Compact.     We  do  not 
choose,  in  a  case  of  this  kind,  to  recur  to  what  are  called  our 
natural  rights,  or  the  right  of  revolution.     We  claim  to  nullify 
by  a  more  imposing  title.     We  claim  it  as  a  constitutional  right, 
not  meaning  as  some  have  imagined,  that  we  derive  the  right 
from  the  Constitution,  for  derivative  rights  can  only  belong  to 
the  functionaries  of  the  high  contracting  parties  to  the  Consti 
tution,  but  we  claim  to  exercise  it  as  one  of  the  parties  to  the 
compact,  and  as  consistent  with  its  letter,  its  genius,  and  its 
spirit,  it  being  distinctly  understood  at  the  time  of  ratifying  the 
Constitution,  that  the  exercise  of  all  sovereign  rights  not  agreed 
to  be  had   conjointly,  were  to  be  exerted  separately  by  the 
States.     Though  it  be  true,  that  the  provision  in  favor  of  what 
we  call  the  reserved  rights  of  the  States,  was  not  necessary  to 
to  secure  to  the  States  such  reserved  rights,  yet  the  mere  cir 
cumstance,  of  its  insertion  in  the  instrument,  makes  it  as  clear  a 
constitutional  provision,  as  that  of  the  power  of  Congress  to 
raise  armies,  or  to  declare  war.     Any  exercise  of  a  right  in  con 
formity  with  a  constitutional  provision,  we  conceive  to  be  a 


45 

constitutional  right,  whether  it  be  founded  on  an  express  grant 
of  the  right,  or  be  included  in  a  general  reservation  of  undefined 
powers.  The  Constitution  being  the  supreme  law,  and  an  instru 
ment  in  which  a  distribution  of  powers  is  made  between  the 
Federal  Government  and  the  States,  it  is  incumbent  on  the  au 
thorities  of  each  Government,  so  to  shape  their  legislation,  as  not 
to  overstep  the  boundaries  assigned  to  them.  No  act  can  there 
fore  be  done  by  either  Government,  which  for  its  validity  can  be 
referred  to  any  other  test,  than  the  standard  of  the  Constitution. 
If  a  State  Government  passes  an  act,  defining  and  punishing  a 
burglary,  or  a  law  abolishing  the  rights  of  primogeniture,  it  is 
more  correct  to  say,  that  she  is  in  the  exercise  of  her  constitu 
tional,  than  of  her  natural  rights,  because  it  is  an  express  con 
stitutional  provision,  that  she  should  exercise  all  her  sovereign 
rights,  not  already  entrusted  to  the  common  functionary  of  the 
parties.  As  it  is  impossible  then  that  any  act  can  be  passed  by 
either  Government,  which,  if  disputed,  must  not  be  referred  to 
the  Constitution  as  the  supreme  law  of  the  parties,  so  a  right  is 
constitutional  or  unconstitutional,  as  it  shall  be  found  to  com 
port  with,  or  to  be  repugnant  to,  the  terms  or  the  spirit  of  that 
instrument.  There  is  not,  therefore,  a  sovereign,  or  a  natural 
right,  which  South  Carolina  can  lawfully  exercise  in  conformity 
with  her  engagements,  which  is  not  stipulated  for  in  the  tenth 
amendment  to  the  Constitution.  All  such  rights  stipulated  for, 
must  be  constitutional ;  to  regard  them  otherwise,  would  be  a 
perversion  of  terms. 

That  Nullification  under  our  reserved  rights  was  regarded  as 
constitutional  by  the  Virginia  Resolutions  of  1798,  is  clear  from 
the  exposition  of  them  by  the  celebrated  Report,  drawn  by  Mr. 
Madison.  In  defending  the  third  of  these  Resolutions,  which  as 
serts  the  doctrine  of  State  interposition  and  protection,  the  Com 
mittee  say  "that  they  have  scanned  it  not  merely  with  a  strict,  but 
with  a  severe  eye,  and  they  feel  confidence  in  pronouncing,  that 
in  its  just  and  fair  construction,  it  is  unexceptionably  true  in 
its  several  positions,  as  well  as  constitutional  and  conclusive 
in  its  inferences."  What  were  the  positions  of  the  third  Reso 
lution.  1.  That  the  powers  of  the  Federal  Government  were 
limited  to  the  plain  sense  of  the  instrument  constituting  the 
compact.  2.  That  in  case  of  a  deliberate,  palpable  and  dan- 


46 

gerous  infraction  of  the  compact,  the  State  has  the  right  to  in 
terpose,  &c.  Now  what  is  the  inference  ?  It  is,  that  "  they 
are  in  duty  bound  to  arrest  the  progress  of  the  evil,  by  maintain 
ing  within  their  respective  limits,  the  authorities,  rights,  and 
liberties  appertaining  to  them."  This  inference,  says  the  Re 
port,  is  "  constitutional  and  conclusive."  The  same  doctrine 
was  as  distinctly  affirmed  by  the  Virginia  Assembly,  in  their  Re 
solutions  adopting  the  Report.  They  say,  "  that  having  fully 
and  accurately  re-examined  and  reconsidered  these  Resolutions, 
they  find  it  to  be  their  indispensable  duty  to  adhere  to  the  same 
as  founded  in  truth,  as  consonant  with  the  Constitution,  and  as 
conducive  to  its  preservation." 

We  are  aware  that  it  has  been  recently  maintained,  that  by 
the  State  interposition  referred  to  in  this  third  Resolution,  the 
Virginia  Assembly  had  allusion  to  the  natural  right,  and  Mr. 
Madison  himself  has  been  brought  forward  to  give  a  construc 
tion  to  this  Resolution  contrary  to  the  most  obvious  import  of 
the  terms.  Be  it  so.  Then,  if  the  State  interposition  here 
spoken  of,  be  a  natural  right,  it  is  a  right  which  the  Virginia 
Assembly  have  pronounced  "  consonant  with  the  Constitution, 
and  as  conducive  to  its  preservation," — or,  in  other  words,  that 
without  the  exercise  of  this  natural  sovereign  right  of  interposi 
tion,  the  Constitution  cannot  be  preserved.  There  is  no  incon 
gruity  in  this.  It  is  quite  competent  for  two  monarchs  to  stipu 
late  in  a  treaty  for  that  right,  which,  independent  of  the  treaty, 
would  be  a  natural  right,  as  if  a  power  were  conferred  by  the 
treaty  on  the  citizens  of  either  prince,  to  capture,  adjudge,  and 
execute  all  subjects  of  the  other,  engaged  in  piracy  on  the  high 
seas.  It  certainly  would  be  more  proper  to  call  such  a  right  a 
Conventional  right,  than  a  natural  right,  though  it  be  both. 
Several  of  the  State  Constitutions  furnish  instances  of  natural 
rights  being  secured  by  a  constitutional  provision.  Even  in  the 
instrument  we  are  npw  considering,  there  is  a  distinct  affirma 
tion  in  terms  of  a  natural  right  of  sovereignty — such  as  the  sove 
reign  right  of  a  State  to  keep  troops  and  ships  of  war  in  a  certain 
emergency,  or  the  sovereign  right  of  a  State  to  lay  import  and 
export  duties,  for  the  purpose  of  executing  its  inspection  laws. 
In  these  cases,  a  natural  right  is  also  a  constitutional  right,  con 
trary  to  the  definition  of  those  who  maintain  that  no  right  is 


47 

properly  constitutional  which  is  a  sovereign  right,  because  con 
stitutional  rights  are  derivative  rights  exercised  by  functionaries. 
That  reasoning  would  be  indeed  strange,  which  would  place  a 
natural  reserved  sovereign  right,  expressed  in  terms  upon  a 
better  footing,  than  all  that  mass  of  residuary  power  included  in 
the  general  reservation  of  the  tenth  amendment.  It  would  be  to 
create  a  distinction  without  a  difference.  The  reserved  rights, 
though  undefined,  are  easily  ascertained.  Any  particular  right 
not  found  in  the  enumerated  powers  of  Congress,  of  course  be 
longs  to  the  States. 

The  right  to  nullify  is  universally  admitted  to  be  a  natural  or 
sovereign  right.  The  natural  rights  of  the  States  are  also  ad 
mitted  to  be  their  reserved  rights.  If  they  are  reserved,  they 
must  be  constitutional,  because  the  Constitution  being  an  agree 
ment  to  arrange  the  mode  by  which  the  States  shall  exercise 
their  sovereignty,  expressly  stipulates  for  the  exercise  of  these 
powers  in  all  cases  not  enumerated.  To  some  it  may  be  unim 
portant  upon  what  basis  we  place  the  right  of  a  State  to  protect 
its  citizens,  as  counter-legislation  would  be  the  beginning  of  re 
sistance  in  either  case;  others  may,  perhaps,  justly  say,  that  the 
whole  controversy  is  resolvable  into  a  dispute  as  to  what  is,  or  is 
not,  the  proper  definition  of  a  constitutional  right.  We,  how 
ever,  think  it  of  infinite  importance,  in  urging  the  right  of  nulli 
fication,  to  regard  it  as  a  constitutional,  rather  than  as  a  natural 
remedy,  because  a  constitutional  proceeding  is  calculated  to 
give  it  a  pacific  course  and  a  higher  recommendation.  The 
characteristic,  in  fact,  of  the  American  Constitutions  in  general, 
is,  that  they  sanctify  the  fundamental  principles  of  the  American 
Revolution.  Whilst  other  nations  have  to  resort  to  the  law  of  na 
ture,  and  by  force  to  drive  despots  from  their  thrones,  thus  in 
curring  what  amongst  them  is  odiously  termed  the  guilt  of  re 
bellion  ;  we  here  have  the  incalculable  advantage  of  a  thorough 
understanding  amongst  all  classes,  that  it  is  the  right,  as  well  as 
the  duty,  of  a  free  people,  to  recur  when  necessary  to  their 
sovereign  rights,  to  resist  oppression.  Such  a  sentiment  as  this 
becoming  familiar  to  the  public  mind,  acquires  prodigious 
strength,  when  its  spirit  is  seen  to  pervade  a  written  Constitu 
tion,  and  prevents  rather  than  accelerates  opportunities  for  an 
unnecessary  recurrence  to  revolutionary  movements.  Under 


48 

such  a  structure  of  the  public  sentiment,  when  the  voice  of  a 
sovereign  State  shall  be  spoken,  "it  will  be  heard  in  a  tone 
which  virtuous  governors  will  obey,  and  tyrannical  ones  shall 
dread."  Nothing  can  more  reconcile  nullification  to  our  citi 
zens,  than  to  know,  that  if  we  are  not  proceeding  according  to 
the  forms  of  the  Constitution,  we  are,  nevertheless,  adhering  to 
its  spirit.  The  convention  which  framed  the  Constitution,  could 
not  agree  upon  any  mode  of  settling  a  dispute,  like  the  present. 
The  case  was  therefore  left  unprovided  for,  under  the  conviction 
no  doubt,  as  is  admitted  by  Mr.  Hamilton  in  "The  Federalist," 
that  if  the  Federal  Government  should  oppress  the  States,  the 
State  governments  would  be  ready  to  check  it,  by  virtue  of  their 
own  inherent  sovereign  powers.  "It  may  safely  be  received  as 
an  axiom  in  our  political  system,  (says  Mr.  Hamilton,)  that  the 
State  Governments  will,  in  all  possible  contingencies,  afford 
complete  security  against  invasion  of  the  public  liberty  by  the 
national  authority.  Projects  of  usurpation  cannot  be  masked 
under  pretences  so  likely  to  escape  the  penetration  of  select 
bodies  of  men,  as  of  the  people  at  large, — the  Legislatures  will 
have  better  means  of  information, — they  can  discover  the  danger 
at  a  distance  ;  and,  possessing  all  the  organs  of  civil  power,  and 
the  confidence  of  the  people,  they  can  at  once  adopt  a  regular 
plan  of  opposition,  in  which  they  can  combine  all  the  resources 
of  the  community." 

That  measure  cannot  be  revolutionary,  which  is  adopted,  not 
with  a  view  to  resort  to  force,  but  by  some  decisive  measures,  to 
call  the  attention  of  the  co-States  to  a  disputed  question,  in  such 
a  form,  as  to  compel  them  to  decide  what  are  or  are  not  the 
rights  of  the  States,  in  a  case  of  a  palpable  and  dangerous  infrac 
tion  of  those  fundamental  principles  of  liberty  in  which  they  all 
have  an  interest. 

In  the  exercise  of  the  right  of  nullification,  we  are  not  un 
mindful  of  the  many  objections  which  have  been  urged  against 
it.  That  it  may  embarrass  the  present  majority  in  Congress,  who 
are  fatally  bent  upon  building  up  the  sectional  interests  of  their 
constituents,  upon  the  ruin  of  our  commerce,  we  can  readily  im 
agine  :  but  these  embarrassments,  on  examination,  will  be  found 
to  proceed  rather  from  an  unwillingness,  on  their  part,  to  adjust 
the  controversy  on  principles  of  reason  and  justice3  than  from 


49 

any  real  difficulty  existing  in  the  Constitution.  The  provisions 
of  the  Constitution  are  ample  for  taking  the  sense  of  the  States 
on  a  question  more  important  than  any  which  has  occurred  since 
the  formation  of  the  Government.  But  if  the  spirit  of  justice 
departs  from  the  councils,  to  which  we  have  a  right  to  look  up 
as  the  guardians  of  the  public  liberty  and  the  public  peace,  no 
provisions  of  human  wisdom  can  avail.  We  have  heard  much 
of  the  danger  of  suffering  one  State  to  impede  the  operations  of 
twenty-three  States  :  but  it  must  be  obvious  to  every  considerate 
man,  that  the  danger  can  only  exist  where  a  State  is  wrong.  If 
the  people  of  any  one  State  are  right  in  the  principles  for  which 
they  contend,  it  is  desirable  that  they  should  impede  the  opera 
tions  of  Congress,  until  the  sentiments  of  its  co-States  shall  be 
had.  A  higher  eulogy  could  not  be  bestowed  upon  our  system, 
than  the  power  of  resorting  to  some  conservative  principle,  that 
shall  stay  a  disruption  of  the  league.  It  is  no  argument  to  say 
that  a  State  may  have  no  grounds  on  which  to  place  herself  upon 
her  sovereign  rights.  This  is  a  possible,  but  by  no  means  a  pro 
bable  case.  Experience  has  given  us  a  most  instructive  lesson 
on  this  very  subject — it  has  taught  us  that,  the  danger  is  not  that 
a  State  may  resort  to  her  sovereign  rights  too  often,  but  that  it 
will  not  avail  herself  of  them  when  necessary.  Look,  fellow  cit 
izens,  to  our  State  :  for  ten  years  we  have  petitioned  and  remon 
strated  against  the  unconstitutionality  of  the  Tariff  Acts,  and 
though  the  conviction  has  been  universal,  that  the  effects  of  the 
system  would  be  ruinous  to  our  interests,  yet  the  difficulty  has 
been  great,  to  bring  the  people  to  the  resisting  point. 

And  so  with  other  objections.  It  has  been  maintained  by  us, 
that,  according  to  the  philosophy  of  the  government,  and  the 
true  spirit  of  the  compact,  it  becomes  Congress  in  all  emergen 
cies  like  the  present,  to  solicit  from  the  States,  the  call  of  a 
Convention.  That,  upon  such  a  convocation,  it  should  be  in 
cumbent  on  the  States  claiming  the  doubtful  power,  to  propose 
an  amendment  to  the  Constitution,  giving  the  doubtful  power ; 
and  on  failue  to  obtain  it  by  a  consent  of  three  fourths  of  all  the 
States,  to  regard  the  power  as  never  having  been  intended  to  be 
given.  We  must  not  be  understood  to  say,  that  this  was  matter 
even  of  implied  stipulation,  at  the  formation  of  the  compact. — 
The  Constitution  is  designedly  silent  on  the  subject,  on  account 
8 


50 

of  the  extreme  difficulty  in  the  minds  of  its  framers  of  appoint 
ing  a  mode  of  adjusting  these  differences.  This  difficulty  we 
now  discover  was  imaginary.  It  had  its  source  in  apprehen 
sions,  which  an  experience  of  upwards  of  forty  years  has  proved 
to  be  without  the  shadow  of  a  foundation.  Many  of  the  sages 
of  that  day,  were  dissatisfied  with  their  work,  for  a  reason  which 
is  the  very  opposite  of  the  truth.  They  feared,  not  that  the 
General  Government  would  encroach  upon  the  rights  of  the 
States,  but  that  the  States  would  perpetually  be  disposed  to 
pass  their  boundaries  of  power,  and  finally  destroy  the  confede 
ration.  Had  they  been  blessed  with  the  experience  which  we 
have  acquired,  there  could  have  been  no  objection  to  trusting  the 
States,- — who  created  the  Government,  and  who  would  not  wilful 
ly  embarrass  it, — with  a  veto  under  certain  modifications.  It 
seems  but  reasonable,  that  a  disputed  power,  which  it  would  have 
required  three  fourths  of  the  States  to  add  to  the  Constitution, 
ought  not  to  be  insisted  on  by  a  majority  in  Congress,  as  impliedly 
conferred,  if  more  than  one  fourth  should  object  to  it.  To  deny 
this,  would  be  to  decide  finally  the  validity  of  a  power,  by  a  pos 
itive  majority  of  the  people  at  large,  instead  of  a  concurring 
majority  of  the  States.  There  is,  it  is  true,  one  objection,  and 
only  one  to  this  view  :  and  that  is,  that  under  this  theory,  a  ma 
jority  little  beyond  the  three  fourths,  as  for  instance,  seven  States 
out  of  twenty-four,  might  deprive  Congress  of  powers  which 
have  been  expressly  delegated.  The  answer  to  this,  is,  that  it 
would  be  a  very  extreme  case  for  a  single  State  to  claim  the  re 
sumption  of  a  power,  which  it  had  clearly  delegated  in  positive 
terms.  But  it  seems  almost  beyond  the  range  of  possibility,  that 
six  other  States  should  be  found  to  sustain  a  nullifying  State  in 
such  a  pretension.  Should  such  a  case  ever  occur,  as  one  fourth 
and  upwards  of  the  States  resolving  to  break  their  pledges,  with 
out  the  slightest  pretence,  it  would  shew,  that  it  was  time  to  dis 
solve  the  league.  If  a  spirit  of  friendship  and  fair  dealing,  can 
not  bind  together  the  members  of  this  Union,  the  sooner  it  is 
dissolved,  the  better.  So  that  this  objection  is  rather  nominal, 
than  substantial.  But  the  evil  of  this  objection  is,  that  whilst 
its  admission  would  relieve  us  from  an  imaginary  peril,  we  should 
be  plunged  into  that  certain  danger  of  an  unrestricted  liberty  of 
Congress  to  give  us,  instead  of  a  confederated  government,  a 


51 

government  without  any  other  limitation  upon  its  power,  than  the 
will  of  a  majority. 

Other  objections  have  been  urged  against  nullification.  It  is 
said  that  the  President  or  Congress  might  employ  the  military 
and  naval  force  of  the  United  States  to  reduce  the  nullifying 
State  into  obedience, and  thus  produce  a  civil  dissention  amongst 
the  members  of  the  confederacy.  We  do  not  deem  it  necessary 
in  a  community,  so  conversant  with  this  part  of  the  subject  as 
that  of  South  Carolina,  to  recapitulate  the  arguments  which 
have  been  urged  against  such  an  improbable  course,  both  for 
the  want  of  power,  and  on  the  ground  of  expediency.  But  we 
cannot  pass  over  one  view,  which  we  think  sufficient  to  quiet  all 
apprehension  on  that  score.  We  live  in  an  age  of  reason  and 
intellect.  The  idea  of  using  force  on  an  occasion  of  this  kind, 
is  utterly  at  variance  with  the  genius  and  spirit  of  the  American 
people.  In  truth,  it  is  becoming  repugnant  even  to  the  genius 
and  spirit  of  the  governments  of  the  old  world.  We  have  lately 
seen  in  England,  one  of  the  greatest  reforms  achieved,  which 
her  history  records — a  reform  which  her  wisest  statesmen,  twenty 
years  ago,  would  have  predicted  could  not  be  accomplished 
without  civil  war,  brought  about  by  a  bloodless  revolution. — 
The  cause  is  manifest.  Not  only  are  the  people  every  where 
better  informed,  but  such  is  the  influence  which  public  opinion 
exerts  over  constituted'  authorities,  that  the  rulers  of  this  earth 
are  more  swayed  by  reason  and  justice  than  formerly.  Under 
such  evident  indications  of  the  march  of  mind  and  intellect,  it 
would  be  to  pay  but  a  poor  compliment  to  the  people  of  these 
States,  to  imagine,  that  a  measure  taken  by  a  Sovereign  State, 
with  the  most  perfect  good  feeling  to  her  confederates,  and  to 
the  perpetuity  of  the  Union,  and  with  no  other  view  than  to  force 
upon  its  members,  the  consideration  of  a  most  important  consti 
tutional  question,  should  terminate  otherwise  than  peaceably. 

Fellow  Citizens,  it  is  our  honest  and  firm  belief,  that  nullifica 
tion  will  preserve,  and  not  destroy  this  Union.  But  we  should 
regret  to  conceal  from  you  that  if  Congress  should  not  be  ani 
mated  with  a  patriotic  and  liberal  feeling  in  this  conjuncture, 
they  can  give  to  this  controversy  what  issue  they  please.  Admit 
then,  that  there  is  risk  of  a  serious  conflict  with  the  federal  gov 
ernment.  We  know  no  better  way  to  avoid  the  chance  of  hos- 


52 

tile  measures  in  our  opponents,  than  to  evince  a  readiness  to 
meet  danger,  come  from  what  quarter  it  will.  We  should  think 
that  the  American  Revolution  was  indeed  to  little  purpose,  if  a 
consideration  of  this  kind,  were  to  deter  our  people  from  assert 
ing  their  sovereign  rights.  That  revolution,  it  is  well  known, 
was  not  entered  into  by  our  Southern  ancestors  from  any  actual 
oppression,  which  the  people  suffered.  It  was  a  contest  waged 
for  principle,  emphatically  for  principle.  The  calamities  of  rev 
olution,  strife,  and  civil  war,  were  fairly  presented  to  the  illus 
trious  patriots  of  those  times,  which  tried  the  souls  of  men. — 
The  alternative  was  either  to  remain  dependant  colonies  in  hope 
less  servitude,  or  to  become  free,  sovereign  and  independent 
States.  To  attain  such  a  distinguished  rank  amongst  the  na 
tions  of  the  earth,  there  was  but  one  path,  and  that  the  path  of 
glory — the  crowning  glory  of  being  accounted  worthy  of  all  suf 
fering,  and  of  embracing  all  the  calamities  of  a  protracted  war 
abroad,  and  of  domestic  evils  at  home,  rather  than  to  surrender 
their  liberties.  The  result  of  their  labors  is  known  to  the  world, 
through  the  flood  of  light  which  that  revolution  has  shed  upon 
the  science  of  government,  and  the  rights  of  man — in  the  "les 
son  it  has  taught  the  oppressor,  and  in  the  example  it  has  afford 
ed  the  oppressed" — in  the  invigoration  of  the  spirit  of  freedom 
every  where,  and  in  the  amelioration  it  is  producing  in  the  social 
order  of  mankind. 

Inestimable  are  the  blessings  of  that  well  regulated  freedom, 
which  permits  man  to  direct  his  labors  and  his  enterprize  to  the 
pursuit  or  branch  of  industry  to  which  he  conceives  nature  has 
qualified  him,  unmolested  by  avarice  enthorned  in  power.  Such 
was  the  freedom  for  which  South  Carolina  struggled  when  a  de 
pendant  colony.  Such  is  the  freedom  of  which  she  once  tasted 
as  the  first  fruit  of  that  revolutionary  triumph  which  she  assisted 
to  achieve.  Such  is  the  freedom  she  reserved  to  herself  on  en 
tering  into  the  league.  Such  is  the  freedom  of  which  she  has 
been  deprived,  and  to  which  she  must  be  restored,  if  her  com 
merce  be  worth  preserving,  or  the  spirit  of  her  Laurens  and  her 
Gadsden  has  not  fled  for  ever  from  our  bosoms.  It  is  in  vain  to 
tell  South  Carolina  that  she  can  look  to  any  administration  of 
the  Federal  Government  for  the  protection  of  her  sovereign 
rights,  or  the  redress  of  her  Southern  wrongs.  Where  the  foun- 


53 

tain  is  so  polluted,  it  is  not  to  be  expected  that  the  stream  will 
again  be  pure.  The  protection  to  which  in  all  representative 
governments  the  people  have  been  accustomed  to  look,  to  wit,  the 
responsibility  of  the  governors  to  be  governed,  has  proved  nerve 
less  and  illusory ;  under  such  a  system,  nothing  but  a  radical 
reform  in  our  political  institutions  can  preserve  this  union.  It 
is  full  time  that  we  should  know  what  rights  we  have  under  the 
Federal  Constitution,  and  more  especially  ought  we  to  know 
whether  we  are  to  live  under  a  consolidated  government,  or  a 
confederacy  of  States — whether  the  States  be  sovereign,  or  their 
local  Legislatures  be  mere  corporations.  A  fresh  understand 
ing  of  the  bargain,  we  deem  absolutely  necessary.  No  mode 
can  be  devised  by  which  a  dispute  can  be  referred  to  the  source 
of  all  power,  but  by  some  one  State  taking  the  lead  in  the  great 
enterprize  of  reform.  Till  some  one  Southern  State  tenders  to 
the  Federal  Government  an  issue,  it  will  continue  to  have  its 
"appetite  increased  by  what  it  feeds  on."  History  admonishes 
us  that  rulers  never  have  the  forecast  to  substitute  in  good  time 
reform  for  revolution.  They  forget  that  it  is  always  more  de 
sirable  that  the  just  claims  of  the  governed  should  break  in  on 
them  "  through  well  contrived  and  well  disposed  windows,  not 
through  flaws  and  breaches,  through  the  yawning  chasms  of  their 
own  ruin."  One  State  must  under  the  awful  prospects  before  us, 
throw  herself  into  the  breach  in  this  great  struggle  for  constitu 
tional  freedom.  There  is  no  other  mode  of  awakening  the 
attention  of  the  co-States  to  grievances  which,  if  suffered  to  ac 
cumulate,  must  dismember  the  Union.  It  has  fallen  to  our  lot, 
fellow  citizens,  first  to  quit  our  trenches.  Let  us  go  on  to  the 
assault  with  cheerful  hearts  and  undaunted  minds. 

Fellow  citizens,  the  die  is  now  cast.  We  have  solemnly  re 
solved  on  the  course  which  it  becomes  our  beloved  State  to 
pursue ;  we  have  resolved,  that  until  these  abuses  shall  be  re 
formed,  no  more  Taxes  shall  be  paid  here.  "  Millions  for  de 
fence,  but  not  a  cent  for  tribute."  And  now  we  call  upon  our 
citizens,  native  and  adopted,  to  prepare  for  the  crisis,  and  to 
meet  it  as  becomes  men  and  freemen.  We  call  upon  all  classes 
and  all  parties  to  forget  their  former  differences,  and  to  unite  in 
a  solemn  determination,  never  to  abandon  this  contest  until  such 
a  change  be  effected  in  the  councils  of  the  nation,  that  all  the 


54 

citizens  of  this  confederacy  shall  participate  equally  in  the  bene 
fits  and  the  burthens  of  the  Government.  To  this  solemn  duty 
we  now  invoke  you  in  the  name  of  all  that  is  sacred  and  valu 
able  to  man.  We  invoke  you  in  the  name  of  that  Liberty 
which  has  been  acquired  by  you  from  an  illustrious  ancestry, 
and  which  it  is  your  duty  to  transmit  unimpaired  to  the  most 
distant  generations.  We  invoke  you  in  the  name  of  that  Con 
stitution  which  you  profess  to  venerate,  and  of  that  Union  which 
you  are  all  desirous  to  perpetuate.  By  the  reverence  you  bear 
to  these  your  institutions — by  all  the  love  you  bear  to  liberty — 
by  the  detestation  you  have  for  servitude — by  all  the  abiding  me 
morials  of  your  past  glories — by  the  proud  association  of  your  ex 
alted  and  your  common  triumphs  in  the  first  and  greatest  of  revo 
lutions — by  the  force  of  all  those  sublime  truths  which  that  event 
has  inculcated  amongst  the  nations — by  the  noble  flame  of  repub 
lican  enthusiasm  which  warms  your  bosoms,  we  conjure  you  in 
this  mighty  struggle  to  give  your  hearts  and  souls  and  minds  to 
your  injured  and  oppressed  State,  and  to  support  her  cause  pub 
licly  and  privately,  with  your  opinions,  your  prayers,  and  your  ac 
tions.  If  appeals  such  as  these  prove  unavailing,  we  then  com 
mand  your  obedience  to  the  laws  and  the  authorities  of  the  State, 
by  a  title  which  none  can  gainsay.  We  demand  it  by  that  alle 
giance  which  is  reciprocal  with  the  protection  you  have  received 
from  the  State.  We  admit  of  no  obedience  to  any  authority  which 
shall  conflict  with  that  primary  allegiance  which  every  citizen 
owes  to  the  State  of  his  birth  or  his  adoption.  There  is  not, 
nor  has  there  ever  been  "  any  direct  or  immediate  allegiance 
between  the  citizens  of  South  Carolina  and  the  Federal  Govern 
ment  ;  the  relation  between  them  is  through  the  State."  South 
Carolina  having  entered  into  the  constitutional  compact,  as  a 
separate  independent  political  community,  as  has  already  been 
stated,  has  the  right  to  declare  an  unconstitutional  act  of  Con 
gress  null  and  void — after  her  sovereign  declaration  that  the  act 
shall  not  be  enforced  within  her  limits,  "  such  a  declaration  is 
obligatory  on  her  citizens.  As  far  as  its  citizens  are  concerned, 
the  clear  right  of  the  State  is  to  declare  the  extent  of  the  obli 
gation."  This  declaration  once  made,  the  citizen  has  no  course 
but  to  obey.  If  he  refuses  obedience,  so  as  to  bring  himself 
under  the  displeasure  of  his  only  and  lawful  sovereign,  and  within 


55 


the  severe  pains  and  penalties,  which  by  her  high  sovereign 
power,  the  Legislature,  will  not  fail  to  provide  in  her  self-de 
fence,  the  fault  and  the  folly  must  be  his  own. 

And  now,  fellow  citizens,  having  discharged  the  solemn  duty 
to  which  we  have  been  summoned  in  a  crisis  big  with  the  most 
important  results  to  the  liberties,  peace,  safety,  and  happiness 
of  this  once  harmonious,  but  now  distracted  confederacy,  we 
commend  our  cause  to  that  great  disposer  of  events,  who  (if  he 
has  not  already  for  some  inscrutable  purposes  of  his  own,  de 
creed  otherwise)  will  smile  on  the  efforts  of  truth  and  justice. 
We  know  that  "unless  the  Lord  keepeth  the  city,  the  watchman 
waketh  but  in  vain  ;"  but  relying  as  we  do,  in  this  controversy, 
on  the  purity  of  our  motives,  and  the  honor  of  our  ends,  we  make 
this  appeal  with  all  the  confidence,  which  in  times  of  trial  and 
difficulty,  ought  to  inspire  the  breast  of  the  patriot  and  the 
Christian.  Fellow  citizens,  do  your  duty  to  your  country,  and 
leave  the  consequences  to  God. 


ADDRESS 


TO   THE 


PEOPLE  OF  THE  UNITED  STATE& 


CONVENTION  OF  THE   PEOPLE 


SOUTH  CAROLINA. 


ADDRESS. 


To  the  People  of  Massachusetts,  Virginia,  New  York,  Pennsyl 
vania,  North  Carolina,  Maryland,  Connecticut,  Vermont,  New 
Hampshire,  Maine,  New  Jersey,  Georgia,  Delaware,  Rhode 
Island,  Kentucky,  Tennessee,  Ohio,  Louisiana,  Indiana,  Mis 
sissippi,  Illinois,  Alabama,  and  Missouri. 

WE,  the  people  of  South  Carolina,  assembled  in  Convention, 
have  solemnly  and  deliberately  declared,  in  our  paramount  sove 
reign  capacity,  that  the  act  of  Congress  approved  the  19th  day 
of  May,  1828,  and  the  act  approved  the  14th  July,  1832,  alter 
ing  and  amending  the  several  acts  imposing  duties  on  imports, 
are  unconstitutional,  and  therefore  absolutely  void,  and  of  no 
binding  force  within  the  limits  of  this  State  ;  and  for  the  pur 
pose  of  carrying  this  declaration  into  full  and  complete  effect, 
we  have  invested  the  Legislature  with  ample  powers,  and  made 
it  the  duty  of  all  the  functionaries,  and  all  the  citizens  of  the 
State,  on  their  allegiance,  to  co-operate  in  enforcing  the  afore 
said  declaration. 

In  resorting  to  this  important  measure,  to  which  we  have  been 
impelled  by  the  most  sacred  of  all  the  duties  which  a  free  peo 
ple  can  owe  either  to  the  memory  of  their  ancestors,  or  to  the 
claims  of  their  posterity,  we  feel  that  it  is  due  to  the  intimate 
political  relation  which  exists  between  South  Carolina  and  the 
other  States  of  this  confederacy,  that  we  should  present  a  clear 
and  distinct  exposition  of  the  principles  on  which  we  have  act 
ed,  and  of  the  causes  by  which  we  have  been  reluctantly  con 
strained  to  assume  this  attitude  of  sovereign  resistance  in  rela 
tion  to  the  usurpations  of  the  Federal  Government. 

For  this  purpose,  it  will  be  necessary  to  state  briefly,  what  we 


60 

conceive  to  be  the  relation  created  by  the  Federal  Constitution, 
between  the  States  and  the  General  Government ;  and  also  what 
we  conceive  to  be  the  true  character  and  practical  operation  of 
the  system  of  protecting  duties,  as  it  affects  our  rights,  our  in 
terests,  and  our  liberties. 

We  hold  then,  that  on  their  separation  from  the  Crown  of 
Great  Britain,  the  several  Colonies  became  free  and  indepen 
dent  States,  each  enjoying  the  separate  and  independent  right 
of  self-government ;  and  that  no  authority  can  be  exercised  over 
them,  or  within  their  limits,  but  by  their  consent  respectively 
given  as  States.     It  is  equally  true,  that  the  Constitution  of  the 
United  States,  is  a  compact  formed  between  the  several  States, 
acting  as  sovereign  communities  ;  that  the  Government  created 
by  it,  is  a  joint  agency  of  the  States,  appointed  to  execute  the 
powers  enumerated  and  granted  by  that  instrument ;  that  all  its 
acts  not  intentionally  authorized,  are  of  themselves  essentially 
null  and  void  ;  and  that  the  States  have  the  right,  in  the  same 
sovereign  capacity  in  which  they  adopted  the  Federal  Constitu 
tion,  to  pronounce,  in  the  last  resort,  authoritative  judgment  on 
the  usurpations  of  the  Federal  Government,  and  to  adopt  such 
measures  as  they  may  deem  necessary  and  expedient  to  arrest 
the  operation  of  the  unconstitutional  acts  of  that  Government 
within  their  respective  limits.     Such  we  deem  to  be  the  inherent 
rights  of  the  States — rights,  in  the  very  nature  of  things,  abso 
lutely  inseparable  from  sovereignty.     Nor  is  the  duty  of  a  State, 
to  arrest  an  unconstitutional  and  oppressive  act  of  the  Federal 
Government,  less  imperative,  than  the  right  is  incontestible. 
Each  State,  by  ratifying  the  Federal  Constitution,  and  becom 
ing  a  member  of  the  confederacy,  contracted  an  obligation  to 
"  protect  and  defend"  that  instrument,  as  well  by  resisting  the 
usurpations  of  the  Federal  Government,  as  by  sustaining  that 
Government  in  the  exercise  of  the  powers  actually  conferred 
upon  it.     And  the  obligation  of  the  oath  which  is  imposed,  un 
der  the  Constitution,   on  every  functionary   of  the  States,   to 
"preserve,  protect,  and  defend"   the  Federal  Constitution,  as 
clearly  comprehends  the  duty  of  protecting  and  defending  it 
against  the  usurpations  of  the  Federal  Government,  as  that  of 
protecting  and  defending  it  against  violation  in  any  other  form, 
or  from  any  other  quarter. 


61 

It  is  true,  that  in  ratifying  the  Federal  Constitution,  the 
States  placed  a  large  and  important  portion  of  the  rights  of 
their  citizens  under  the  joint  protection  of  all  the  States,  with  a 
view  to  their  more  effectual  security  ;  but  it  is  not  less  true  that 
they  reserved  a  portion  still  larger,  and  not  less  important  under 
their  own  immediate  guardianship,  and  in  relation  to  which 
their  original  obligation  to  protect  their  citizens,  from  whatever 
quarter  assailed,  remains  unchanged  and  undirninished. 

But  clear  and  undoubted  as  we  regard  the  right,  and  sacred 
as  we  regard  the  duty  of  the  States  to  interpose  their  sovereign 
power  for  the  purpose  of  protecting  their  citizens  from  the  un 
constitutional  and  oppressive  acts  of  the  Federal  Government, 
yet  we  are  as  clearly  of  the  opinion,  that  nothing  short  of  that 
high  moral  and  political  necessity,  which  results  from  acts  of 
usurpation,  subversive  of  the  rights  and  liberties  of  the  people, 
should  induce  a  member  of  this  confederacy  to  resort  to  this  in 
terposition.  Such,  however,  is  the  melancholy  and  painful  ne 
cessity  under  which  we  have  declared  the  acts  of  Congress,  im 
posing  protecting  duties,  null  and  void  within  the  limits  of  South 
Carolina.  The  spirit  and  the  principles  which  animated  your 
ancestors  and  ours  in  the  councils  and  in  the  fields  of  their  com 
mon  glory,  forbid  us  to  submit  any  longer  to  a  system  of  legis 
lation,  now  become  the  established  policy  of  the  Federal  Gov 
ernment,  by  which  we  are  reduced  to  a  condition  of  colonial 
vassalage,  in  all  its  aspects  more  oppressive  and  intolerable  than 
that  from  which  our  common  ancestors  relieved  themselves  by 
the  war  of  the  revolution.  There  is  no  right  which  enters  more 
essentially  into  a  just  conception  of  liberty,  than  that  of  the  free 
and  unrestricted  use  of  the  productions  of  our  industry.  This 
clearly  involves  the  right  of  carrying  the  productions  of  that  in 
dustry  wherever  they  can  be  most  advantageously  exchanged, 
whether  in  foreign  or  domestic  markets.  South  Carolina  pro 
duces,  almost  exclusively,  agricultural  staples,  which  derive 
their  principal  value  from  the  demand  for  them  in  foreign  coun 
tries.  Under  these  circumstances,  her  natural  markets  are 
abroad  ;  and  restrictive  duties  imposed  upon  her  intercourse 
with  those  markets,  diminish  the  exchangeable  value  of  her  pro 
ductions  very  nearly  to  the  full  extent  of  those  duties. 

Under  a  system  of  free  trade,  the  aggregate  crop  of  South 


62 

Carolina  could  be  exchanged  for  a  larger  quantity  of  manufac 
tures,  by  at  least  one  third,  than  it  can  be  now  exchanged  for 
under  the  protecting  system.  It  is  no  less  evident,  that  the 
value  of  that  crop  is  diminished  by  the  protecting  system  very 
nearly,  if  not  precisely,  to  the  extent  that  the  aggregate  quan 
tity  of  manufactures  which  can  be  obtained  for  it,  is  diminished. 
It  is,  indeed,  strictly  and  philosophically  true,  that  the  quantity 
of  consumable  commodities  which  can  be  obtained  for  the  cot 
ton  and  rice  annually  produced  by  the  industry  of  the  State,  is 
the  precise  measure  of  their  aggregate  value.  But  for  the  pre 
valent  and  habitual  error  of  confounding  the  money  price  with 
the  exchangeable  value  of  our  agricultural  staples,  these  proposi 
tions  would  be  regarded  as  self-evident.  If  the  protecting  duties 
were  repealed,  one  hundred  bales  of  cotton,  or  one  hundred  bar 
rels  of  rice,  would  purchase  as  large  a  quantity  of  manufactures, 
as  one  hundred  and  fifty  will  now  purchase.  The  annual  income 
of  the  State,  its  means  of  purchasing  and  consuming  the  neces 
saries  and  comforts  and  luxuries  of  life,  would  be  increased  in  a 
corresponding  degree. 

Almost  the  entire  cotton  crop  of  South  Carolina,  amounting 
annually  to  more  than  six  millions  of  dollars,  is  ultimately  ex 
changed  either  for  foreign  manufactures,  subject  to  protecting 
duties,  or  for  similar  domestic  manufactures.  The  natural  value 
of  that  crop  would  be  all  the  manufactures  which  we  could  ob 
tain  for  it,  under  a  system  of  unrestricted  commerce.  The  arti 
ficial  value,  produced  by  the  unjust  and  unconstitutional  legisla 
tion  of  Congress,  is  only  such  part  of  those  manufactures  as  will 
remain  after  paying  a  duty  of  fifty  per  cent,  to  the  Government, 
or,  to  speak  with  more  precision,  to  the  Northern  manufactu 
rers.  To  make  this  obvious  to  the  humblest  comprehension, 
let  it  be  supposed  that  the  whole  of  the  present  crop  should  be 
exchanged  by  the  planters  themselves,  for  those  foreign  manu 
factures,  for  which  it  is  destined,  by  the  inevitable  course  of 
trade,  to  be  ultimately  exchanged,  either  by  themselves  or  their 
agents.  Let  it  be  also  assumed,  in  conformity  with  the  facts  of 
the  case,  that  New  Jersey,  for  example,  produces  of  the  very 
same  description  of  manufactures,  a  quantity  equal  to  that  which 
is  purchased  by  the  cotton  crop  of  South  Carolina.  We  have, 
then,  two  States  of  the  same  confederacy,  bound  to  bear  an 


63 


equal  share  of  the  burthens,  and  entitled  to  enjoy  an  equal  share 
of  the  benefits  of  the  common  government,  with  precisely  the 
same  quantity  of  productions,  of  the  same  quality  and  kind,  pro 
duced  by  their  lawful  industry.  We  appeal  to  your  candor,  and 
to  your  sense  of  justice,  to  say  whether  South  Carolina  has  not 
a  title  as  sacred  and  indefeasible  to  the  full  and  undiminished 
enjoyment  of  these  productions  of  her  industry,  acquired  by  the 
combined  operations  of  agriculture  and  commerce,  as  New  Jer 
sey  can  have  to  the  like  enjoyment  of  similar  productions  of  her 
industry,  acquired  by  the  process  of  manufacture  ?  Upon  no 
principle  of  constitutional  right — upon  no  principle  of  human 
reason  or  justice,  can  any  discrimination  be  drawn  between  the 
titles  of  South  Carolina  and  New  Jersey  to  these  productions  of 
their  capital  and  labor.  Yet  what  is  the  discrimination  actually 
made  by  the  unjust,  unconstitutional,  and  partial  legislation  of 
Congress  ?  A  duty,  on  an  average,  of  fifty  per  cent.,  is  imposed 
upon  the  productions  of  South  Carolina,  while  no  duty  at  all  is 
imposed  upon  the  similar  productions  of  New  Jersey !  The 
inevitable  result  is,  that  the  manufactures  thus  lawfully  acquired 
by  the  honest  industry  of  South  Carolina,  are  worth,  annually, 
three  millions  of  dollars  less  to  her  citizens,  than  the  very  same 
quantity  of  the  very  same  description  of  manufactures  are  worth 
to  the  citizens  of  New  Jersey — a. difference  of  value  produced 
exclusively  by  the  operation  of  the  protecting  system. 

No  ingenuity  can  either  evade  or  refute  this  proposition. 

The  very  axioms  of  geometry  are  not  more  self-evident.  For 
even  if  the  planters  of  South  Carolina,  in  the  case  supposed,  were 
to  sell  and  not  consume  these  productions  of  their  industry,  it 
is  plain  that  they  could  obtain  no  higher  price  for  them,  after 
paying  duties  to  the  amount  of  $3,000,000,  than  the  manufactu 
rers  of  New  Jersey  would  obtain  for  the  same  quantity  of  the 
same  kind  of  manufactures,  without  paying  any  duty  at  all. 

This  single  view  of  the  subject,  exhibits  the  enormous  inequal 
ity  and  injustice  of  the  protecting  system  in  such  a  light,  that 
we  feel  the  most  consoling  confidence  that  we  shall  be  fully  jus 
tified  by  the  impartial  judgment  of  posterity,  whatever  may  be 
the  issue  of  this  unhappy  controversy.  We  confidently  appeal 
to  our  confederate  States,  and  to  the  whole  world,  to  decide 
whether  the  annals  of  human  legislation  furnish  a  parallel  in- 


64 

stance  of  injustice  and  oppression  perpetrated  under  the  forms 
of  a  free  government.  However  it  may  be  disguised  by  the 
complexity  of  the  process  by  which  it  is  effected,  it  is  nothing 
less  than  the  monstrous  outrage  of  taking  three  millions  of  dol 
lars  annually,  from  the  value  of  the  productions  of  South  Caroli 
na  and  transferring  it  to  the  people  of  other  and  distant  commu 
nities.  No  human  Government,  can  rightfully  exercise  such  a 
power.  It  violates  the  eternal  principles  of  natural  justice,  and 
converts  the  Government  into  a  mere  instrument  of  legislative 
plunder.  Of  all  the  governments  on  the  face  of  the  earth,  the 
Federal  Government  has  the  least  shadow  of  a  constitutional 
right  to  exercise  such  a  power.  It  was  created  principally,  and 
almost  exclusively,  for  the  purpose  of  protecting,  improving,  and 
extending  that  very  commerce  which,  for  the  last  ten  years,  all 
its  powers  have  been  most  unnaturally  and  unrighteously  per 
verted  to  cripple  and  destroy.  The  power  to  "regulate  com 
merce  with  foreign  nations,"  was  granted,  obviously,  for  the  pre 
servation  of  that  commerce.  The  most  important  of  all  the 
duties  which  the  Federal  Government  owes  to  South  Carolina, 
under  the  compact  of  Union,  is  the  protection  and  defence  of 
her  foreign  commerce,  against  all  the  enemies  by  whom  it  may 
be  assailed.  And  in  what  manner  has  this  duty  been  discharged? 
All  the  powers  of  the  earth,  by  their  commercial  restrictions,  and 
all  the  pirates  of  the  ocean,  by  their  lawless  violence,  could  not 
have  done  so  much  to  destroy  our  commerce,  as  has  been  done 
by  that  very  Government,  to  which  its  guardianship  has  been 
committed  by  the  Federal  Constitution.  The  commerce  of 
South  Carolina  consists  in  exchanging  the  staple  productions  of 
her  soil  for  the  manufactures  of  Europe.  It  is  a  lawful  com 
merce.  It  violates  the  rights  of  no  class  of  people  in  any  por 
tion  of  the  confederacy.  It  is  this  very  commerce,  therefore, 
which  the  Constitution  has  enjoined  it  upon  Congress  to  en 
courage,  protect,  and  .defend,  by  such  regulations  as  may  be 
necessary  to  accomplish  that  object.  But  instead  of  that  pro 
tection,  which  is  the  only  tie  of  our  allegiance,  as  individual 
citizens  to  the  Federal  Government,  we  have  seen  a  gigantic  sys 
tem  of  restrictions,  gradually  reared  up,  and  at.  length  brought 
to  a  fatal  maturity,  of  which  it  is  the  avowed  object  and  must  be 


65 

the  inevitable  result,  to  sweep  our  commerce  from  the  great 
highway  of  nations,  and  cover  our  land  with  poverty  and  ruin. 

Even  the  States  most  deeply  interested  in  the  maintenance  of 
the  protecting  system  will  admit,  that  it  is  the  interest  of  South 
Carolina  to  carry  on  a  commerce  of  exchanges  with  foreign 
countries,  free  from  restrictions,  prohibitory  burthens,  or  incum- 
brances  of  any  kind.  We  feel,  and  we  know,  that  the  vital  in 
terests  of  the  State,  are  involved  in  such  a  commerce.  It  would 
be  a  downright  insult  to  our  understandings,  to  tell  us  that  our 
interests  are  not  injured,  deeply  injured,  by  those  prohibitory 
duties,  intended  and  calculated  to  prevent  us  from  obtaining  the 
cheap  manufactures  of  foreign  countries  for  our  staples,  and  to 
compel  us  to  receive  for  them  the  dear  manufactures  of  our  do 
mestic  establishments,  or  pay  the  penalty  of  the  protecting  duties, 
for  daring  to  exercise  one  of  the  most  sacred  of  our  natural 
rights.  What  right,  then,  human  or  divine,  have  the  manufac 
turing  States — for  we  regard  the  Federal  Government  as  a  mere 
instrument  in  their  hands — to  prohibit  South  Carolina,  directly, 
or  indirectly,  from  going  to  her  natural  markets  ;  and  exchang 
ing  the  rich  productions  of  her  soil,  without  restriction  or  in- 
cumbrance,  for  such  foreign  articles  as  will  most  conduce  to  the 
wealth  and  prosperity  of  her  citizensf  It  will  not  surely  be  pre 
tended — for  truth  and  decency  equally  forbid  the  allegation — 
that  in  exchanging  our  productions  for  the  cheaper  manufactures 
of  Europe,  we  violate  any  right  of  the  domestic  manufacturers, 
however  gratifying  it  might  be  to  them,  if  we  would  purchase 
their  inferior  productions  at  higher  prices. 

Upon  what  principle,  then,  can  the  State  of  South  Carolina 
be  called  upon  to  submit  to  a  system,  which  excludes  her  from 
her  natural  markets,  and  the  manifold  benefits  of  that  enriching 
commerce,  which  a  kind  and  beneficent  Providence  has  provided, 
to  connect  her  with  the  family  of  nations,  by  the  bonds  of  mutual 
interest?  But  one  answer  can  be  given  to  this  question.  It  is 
in  vain  that  we  attempt  to  disguise  the  fact,  mortifying  as  it  must 
be,  that  the  principle  by  which  South  Carolina  is  thus  excluded, 
is  in  strict  propriety  of  language,  and  to  all  rational  intents 
and  purposes,  a  principle  of  colonial  dependence  and  vassalage, 
identical  with  that  which  restrained  our  forefathers  from  trading 
with  any  manufacturing  nation  of  Europe,  other  than  Great 
10 


66 

Britain.  South  Carolina  now  bears  the  same  relation  to  the 
manufacturing  States  of  this  confederacy,  that  the  Anglo  Amer 
ican  Colonies  bore  to  the  mother  country,  with  the  single  ex 
ception  that  our  burthens  are  incomparably  more  oppressive  than 
those  of  our  ancestors.  Our  time,  our  pride,  and  the  occasion? 
equally  forbid  us  to  trace  out  the  degrading  analogy.  We  leave 
that  to  the  historian  who  shall  record  the  judgment  which  an 
impartial  posterity  shall  pronounce  upon  the  eventful  transac 
tions  of  this  day. 

It  is  in  vain  that  we  attempt  to  console  ourselves  by  the  empty 
and  unreal  mockery  of  our  representation  in  Congress.  As  to 
all  those  great  and  vital  interests  of  the  States,  which  are  affect 
ed  by  the  protecting  system,  it  would  be  better  that  she  had  no 
representation  in  that  body.  It  serves  no  other  purpose  but  to 
conceal  the  chains  which  fetter  our  liberties  under  the  vain  and 
empty  forms  of  a  representative  Government.  In  the  enactment 
of  the  protecting  system,  the  majority  of  Congress  is,  in  strict 
propriety  of  speech,  an  irresponsible  despotism.  A  very  brief 
analysis  will  render  this  clear  to  every  understanding.  What, 
then,  we  ask,  is  involved  in  the  idea  of  political  responsibility, 
in  the  imposition  of  public  burthens  ?  It  clearly  implies  that 
those  who  impose  the  burthens,  should  be  responsible  to  those 
who  bear  them.  Every  representative  in  Congress  should  be  re 
sponsible,  not  only  to  his  own  immediate  constituents,  but  through 
them  and  their  common  participation  in  the  burthens  imposed, 
to  the  constituents  of  every  other  representative.  If  in  the  en 
actment  of  a  protecting  tariff,  the  majority  of  Congress  imposed 
upon  their  own  constituents  the  same  burthens  which  they  im 
pose  upon  the  people  of  South  Carolina,  that  majority  would  act 
under  all  the  restraints  of  political  responsibility,  and  we  should 
have  the  best  security  which  human  wisdom  has  yet  devised, 
against  oppressive  legislation. 

But  the  fact  is  precisely  the  reverse  of  this.  The  majority  in 
Congress,  in  imposing  protecting  duties,  which  are  utterly  de 
structive  of  the  interests  of  South  Carolina,  not  only  impose  no 
burthens,  but  actually  confer  enriching  bounties  upon  their  con 
stituents,  proportioned  to  the  burthens  they  impose  upon  us. 
Under  these  circumstances,  the  principle  of  representative  re 
sponsibility,  is  perverted  into  a  principle  of  absolute  despotism. 


67 

It  is  this  very  tie,  binding  the  majority  of  Congress  to  execute 
the  will  of  their  constituents,  which  makes  them  our  inexorable 
oppressors.  They  dare  not  open  their  hearts  to  the  sentiments 
of  human  justice,  or  to  the  feelings  of  human  sympathy.  They 
are  tyrants  by  the  very  necessity  of  their  position,  however  ele 
vated  may  be  their  principles  in  their  individual  capacities. 

The  grave  question,  then,  which  we  have  had  to  determine, 
as  the  sovereign  power  of  the  State,  upon  the  awful  responsi 
bility  under  which  we  have  acted,  is,  whether  we  will  volunta 
rily  surrender  the  glorious  inheritance,  purchased  and  conse 
crated  by  the  toils,  the  sufferings,  and  the  blood  of  an  illustrious 
ancestry,  or  transmit  that  inheritance  to  our  posterity,  untar 
nished  and  undiminished  ?     We  could  not  hesitate  in  deciding 
this  question.     We  have,  therefore,  deliberately  and  unalterably 
resolved,  that  we  will  no  longer  submit  to  a  system  of  oppression, 
which  reduces  us  to  the  degrading  condition  of  tributary  vassals  ; 
and  which  would  reduce  our  posterity,  in  a  few  generations,  to  a 
state  of  poverty  and  wretchedness,  that  would  stand  in  melan 
choly  contrast  with  the  beautiful  and  delightful  region,  in  which 
the  providence  of  God  has  cast  our  destinies.     Having  formed 
this  resolution,  with  a  full  view  of  all  its  bearings,  and  of  all  its 
probable  and  possible  issues,  it  is  due  to  the  gravity  of  the  sub 
ject,  and  the  solemnity  of  the  occasion,  that  we  should  speak  to 
our  confederate  brethren,  in  the  plain  language  of  frankness  and 
truth.    Though  we  plant  ourselves  upon  the  Constitution,  and  the 
immutable  principles  of  justice,  and  intend  to  operate  exclusively 
through  the  civil  tribunals  and  civil  functionaries  of  the  State ; 
yet,  we  will  throw  off  this  oppression,  at  every  hazard.     We  be 
lieve  our  remedy  to  be  essentially  peaceful.     We  believe  the 
Federal  Government  has  no  shadow  of  right  or  authority,  to  act 
against  a  sovereign  State  of  the  confederacy,  in  any  form,  much 
less  to  coerce  it,  by  military  power.     But  we  are  aware  of  the 
diversities  of  human  opinion  ;  and  have  seen  too  many  proofs  of 
the  infatuation  of  human  power,  not  to  have  looked,  with  the 
most  anxious  concern,  to  the  possibility  of  a  resort  to  military 
or  naval  force  on  the  part  of  the  Federal  Government ;  and  in 
order  to  obviate  the  possibility  of  having  the  history  of  this  con 
test  stained  by  a  single  drop  of  fraternal  blood  we  have  solemnly 


68 

and  irrevocably  resolved,  that  we  will  regard  such  a  resort  as  a 
dissolution  of  the  political  ties  which  connect  us  with  our  con 
federate  States  ;  and  will,  forthwith,  provide  for  the  organization 
of  a  new  and  separate  Government. 

We  implore  you,  and  particularly  the  manufacturing  States, 
not  to  believe  that  we  have  been  actuated,  in  adopting  this  reso 
lution,  by  any  feeling  of  resentment,  or  hostility  towards  them; 
or,  by  a  desire,  to  dissolve  the  political  bonds  which  have  so 
long  united  our  common  destinies.  We  still  cherish  that 
rational  devotion  to  the  Union,  by  which  this  State  has  been 
pre-eminently  distinguished,  in  all  times  past.  But  that  blind 
and  idolatrous  devotion,  which  would  bow  down  and  worship 
Oppression  and  Tyranny,  veiled  under  that  consecrated  title — 
if  it  ever  existed  among  us,  has  now  vanished  forever.  Con 
stitutional  Liberty  is  the  only  idol  of  our  political  devotion ; 
and,  to  preserve  that,  we  will  not  hesitate  a  single  moment,  to 
surrender  the  Union  itself,  if  the  sacrifice  be  necessary.  If  it 
had  pleased  God  to  cover  our  eyes  with  ignorance — if  he  had 
not  bestowed  upon  us  the  understanding  to  comprehend  the 
enormity  of  the  oppression  under  which  we  labor,  we  might  sub 
mit  to  it  without  absolute  degradation  and  infamy.  But  the 
gifts  of  Providence  cannot  be  neglected,  or  abused,  with  im 
punity.  A  people,  who  deliberately  submit  to  oppression,  with 
a  full  knowledge  that  they  are  oppressed,  are  fit  only  to  be 
slaves  ;  and  all  history  proves,  that  such  a  people  will  soon  find 
a  master.  It  is  the  pre-existing  spirit  of  slavery  in  the  people, 
that  has  made  tyrants  in  all  ages  of  the  world.  No  tyrant  ever 
made  a  slave — no  community,  however  small,  having  the  spirit 
of  freemen,  ever  yet  had  a  master.  The  most  illustrious  of  those 
States,  which  have  given  to  the  world  examples  of  human  free 
dom,  have  occupied  territories  not  larger  than  some  of  the  dis 
tricts  of  South  Carolina  ;  while  the  largest  masses  of  popula 
tion,  that  were  ever  united  under  a  common  government,  have 
been  the  abject,  spiritless,  and  degraded  slaves  of  despotic 
rulers.  We  sincerely  hope,  therefore,  that  no  portion  of  the 
States  of  this  Confederacy,  will  permit  themselves  to  be  deluded 
into  any  measures  of  rashness,  by  the  vain  imagination,  that  South 
Carolina  will  vindicate  her  rights  and  liberties,  with  a  less  in 
flexible  and  unfaltering  resolution,  with  a  population  of  some 


69 

half  a  million,  than  she  would  do  with  a  population  of  twenty 
millions. 

It  does  not  belong  to  Freemen  to  count  the  costs,  and  calcu 
late  the  hazards  of  vindicating  their  rights  and  defending  their 
liberties;  and  even  if  we  should  stand  alone  in  the  worst  possi 
ble  emergency  of  this  great  controversy,  without  the  co-opera 
tion  or  encouragement  of  a  single  State  of  the  confederacy,  we 
will  march  forward  with  an  unfaltering  step,  until  we  have  ac 
complished  the  object  of  this  great  enterprise. 

Having  now  presented,  for  the  consideration  of  the  Federal 
Government  and  our  confederate  States,  the  fixed  and  final  de 
termination  of  this  State,  in  relation  to  the  protecting  system,  it 
remains  for  us  to  submit  a  plan  of  taxation  in  which  we  would 
be  willing  to  acquiesce,  in  a  spirit  of  liberal  concession,  provided 
we  are  met  in  due  time  and  in  a  becoming  spirit,  by  the  States 
interested  in  the  protection  of  manufactures. 

We  believe  that  upon  every  just  and  equitable  principle  of 
taxation,  the  whole  list  of  protected  articles  should  be  imported 
free  of  all  duty,  and  that  the  revenue  derived  from  import  duties, 
should  be  raised  exclusively  from  the  unprotected  articles,  or 
that,  whenever  a  duty  is  imposed  upon  protected  articles  im 
ported,  an  excise  duty  of  the  same  rate  should  be  imposed  upon 
all  similar  articles  manufactured  in  the  United  States.  This 
would  be  as  near  an  approach  to  perfect  equality  as  could  pos 
sibly  be  made,  in  a  system  of  indirect  taxation.  No  substantial 
reason  can  be  given  for  subjecting  manufactures  obtained  from 
abroad  in  exchange  for  the  productions  of  South  Carolina,  to  the 
smallest  duty,  even  for  revenue,  which  would  not  show  that  sim 
ilar  manufactures  made  in  the  United  States,  should  be  subject 
to  the  very  same  rate  of  duty.  The  former,  not  less  than  the 
latter,  are,  to  every  rational  intent,  the  productions  of  domestic 
industry,  and  the  mode  of  acquiring  the  one,  is  as  lawful  and 
more  conducive  to  the  public  prosperity,  than  that  of  acquiring 
the  other. 

But  we  are  willing  to  make  a  large  offering  to  preserve  the 
Union  ;  and  with  a  distinct  declaration  that  it  is  a  concession  on 
our  part,  we  will  consent  that  the  same  rate  of  duty  may  be  im 
posed  upon  the  protected  articles  that  shall  be  imposed  upon 
the  unprotected,  provided  that  no  more  revenue  be  raised  than 


70 

is  necessary  to  meet  the  demands  of  the  Government  for  Consti 
tutional  purposes,  and  provided  also,  that  a  duty,  substantially 
uniform,  be  imposed  upon  all  foreign  imports. 

It  is  obvious,  that,  even  under  this  arrangement,  the  manufac 
turing  States  would  have  a  decided  advantage  over  the  planting 
States.  For  it  is  demonstrably  evident  that,  as  communities, 
the  manufacturing  States  would  bear  no  part  of  the  burthens  of 
Federal  Taxation,  so  far  as  the  revenue  should  be  derived  from 
protected  articles.  The  earnestness  with  which  their  represen 
tatives  seek  to  increase  the  duties  on  these  articles,  is  conclusive 
proof  that  those  duties  are  bounties,  and  not  burthens,  to  their 
constituents.  As  at  least  two-thirds  of  the  federal  revenue 
would  be  raised  from  protected  articles,  under  the  proposed 
modification  of  the  Tariff,  the  manufacturing  States  would  be 
entirely  exempted  from  all  participation  in  that  proportion  of 
the  public  burthens. 

Under  these  circumstances,  we  cannot  permit  ourselves  to  be 
lieve  for  a  moment,  that  in  a  crisis  marked  by  such  portentous 
and  fearful  omens,  those  States  can  hesitate  in  acceding  to  this 
arrangement,  when  they  perceive  that  it  will  be  the  means,  and 
possibly  the  only  means,  of  restoring  the  broken  harmony  of  this 
great  confederacy.  They  most  assuredly  have  the  strongest  of 
human  inducements,  aside  from  all  considerations  of  justice,  to 
adjust  this  controversy,  without  pushing  it  to  extremities.  This 
can  be  accomplished  only  by  the  proposed  modification  of  the 
Tariff,  or  by  the  call  of  a  General  Convention  of  all  the  States. 
If  South  Carolina  should  be  driven  out  of  the  Union,  all  the 
other  Planting  States,  and  some  of  the  Western  States,  would 
follow  by  an  almost  absolute  necessity.  Can  it  be  believed  that 
Georgia,  Mississippi,  Tennessee,  and  even  Kentucky,  would 
continue  to  pay  a  tribute  of  fifty  per  cent,  upon  their  consump 
tion,  to  the  Northern  States,  for  the  privilege  of  being  united  to 
them,  when  they  could  receive  all  their  supplies  through  the 
ports  of  South  Carolina,  without  paying  a  single  cent  of  tribute  ? 

The  separation  of  South  Carolina  would  inevitably  produce  a 
general  dissolution  of  the  Union  ;  and  as  a  necessary  conse 
quence,  the  protecting  system,  with  all  its  pecuniary  bounties, 
to  the  Northern  States,  and  its  pecuniary  burthens  upon  the 
Southern  States,  would  be  utterly  overthrown  and  demolished, 


*        71 

involving  the  ruin  of  thousands  and  hundreds  of  thousands  in  the 
manufacturing  States. 

By  these  powerful  considerations,  connected  with  their  own 
pecuniary  interests,  we  beseech  them  to  pause  and  contemplate 
the  disastrous  consequences  which  will  certainly  result  from  an 
obstinate  perseverance  on  their  part,  in  maintaining  the  pro 
tecting  system.  With  them,  it  is  a  question  merely  of  pecuniary 
interest,  connected  with  no  shadow  of  right,  and  involving  no 
principle  of  liberty.  With  us,  it  is  a  question  involving  our 
most  sacred  rights — those  very  rights  which  our  common  ances 
tors  left  to  us  as  a  common  inheritance,  purchased  by  their  com 
mon  toils  and  consecrated  by  their  blood.  It  is  a  question  of 
liberty  on  the  one  hand,  and  slavery  on  the  other.  If  we  sub 
mit  to  this  system  of  unconstitutional  oppression,  we  shall  volun 
tarily  sink  into  slavery,  and  transmit  that  ignominious  inherit 
ance  to  our  children.  We  will  not,  we  cannot,  we  dare  not 
submit  to  this  degradation,  and  our  resolve  is  fixed  and  unalter 
able  that  a  protecting  tariff  shall  be  no  longer  enforced  within 
the  limits  of  South  Carolina.  We  stand  upon  the  principles  of 
everlasting  justice,  and  no  human  power  shall  drive  us  from  our 
position. 

We  have  not  the  slightest  apprehension  that  the  general  gov 
ernment  will  attempt  to  force  this  system  upon  us  by  military 
power.  We  have  warned  our  brethren  of  the  consequences  of 
such  an  attempt.  But  if,  notwithstanding,  such  a  course  of 
madness  should  be  pursued,  we  here  solemnly  declare  that  this 
system  of  oppression  shall  never  prevail  in  South  Carolina,  until 
none  but  slaves  are  left  to  submit  to  it.  We  would  infinitely 
prefer  that  the  territory  of  the  State  should  be  the  cemetery  of 
freemen  than  the  habitation  of  slaves.  Actuated  by  these  prin 
ciples,  and  animated  by  these  sentiments,  we  will  cling  to  the 
pillars  of  the  temple  of  our  liberties,  and  if  it  must  fall,  we  will 
perish  amidst  the  ruins. 

J.  HAMILTON,  JUN.,  President  of  the  Convention. 
[Attest.] 
ISAAC  W.  HAYNE,  Clerk. 


PROCLAMATION 


BY   THE 


PRESIDENT 


UNITED  STATES  OF  AMERICA, 


PROCLAMATION. 


WHEREAS,  a  Convention  assembled  in  the  State  of  South  Car 
olina,  have  passed  an  Ordinance,  by  which  they  declare  "  That 
the  several  acts  and  parts  of  acts  of  the  Congress  of  the  United 
States,  purporting  to  be  laws  for  the  imposing  of  duties  and  im 
posts  on  the  importation  of  foreign  commodities,  and  now  hav 
ing  actual  operation  and  effect  within  the  United  States,  and 
more  especially"  two  acts  for  the  same  purposes  passed  on  the 
28th  of  May,  1S28,  and  on  the  14th  of  July,  1832,  "are  unau 
thorized  by  the  Constitution  of  the  United  States,  and  violate 
the  true  meaning  and  intent  thereof,  and  are  null  and  void,  and 
no  law,"  nor  binding  on  the  citizens  of  that  State  or  its  officers  : 
and  by  the  said  Ordinance  it  is  further  declared  to  be  unlawful 
for  any  of  the  constituted  authorities  of  the  State,  or  of  the 
United  States,  to  enforce  the  payment  of  the  duties  imposed  by 
the  said  acts  within  the  same  State,  and  that  it  is  the  duty  of  the 
Legislature  to  pass  such  laws  as  may  be  necessary  to  give  full 
effect  to  the  said  Ordinance  : 

And,  whereas,  by  the  Ordinance  it  is  further  ordained, ^hat  in 
no  case  of  law  or  equity,  decided  in  the  courts  of  said  State, 
wherein  shall  be  drawn  in  question  the  validity  of  the  said  Ordi 
nance,  or  the  acts  of  the  Legislature  that  may  be  passed  to  give 
it  effect,  or  of  the  said  laws  of  the  United  States,  shall  an  appeal 
be  allowed  to  the  Supreme  Court  of  the  United  States,  nor  shall 
any  copy  of  the  record  be  permitted  or  allowed  for  that  pur 
pose  ;  and  that  any  person  attempting  to  take  such  appeal,  shall 
be  punished  as  for  a  contempt  of  Court : 

And,  finally,  the  said  Ordinance  declares  that  the  people  of 


76 

South  Carolina  will  maintain  the  said  Ordinance  at  every  haz 
ard  ;  and  that  they  will  consider  the  passage  of  an  act  by  Con 
gress  abolishing  or  closing  the  ports  of  the  said  State,  or  other 
wise  obstructing  the  free  ingress  and  egress  of  vessels  to  and 
from  the  said  port,  or  any  other  act  of  the  Federal  Government  to 
coerce  the  State,  shut  up  her  ports,  destroy  or  harrass  her  com 
merce,  or  to  enforce  said  acts  otherwise  than  through  the  civil 
tribunals  of  the  country,  as  inconsistent  with  the  longer  continu 
ance  of  South  Carolina  in  the  Union ;  and  that  the  people  of 
the  said  State  will  thenceforth  hold  themselves  absolved  from 
all  further  obligation  to  maintain  or  preserve  their  political  con 
nexion  with  the  people  of  the  other  States,  and  will  forthwith 
proceed  to  organize  a  separate  Government,  and  do  all  other 
acts  and  things  which  sovereign  and  independent  States  may  of 
right  do. 

And,  whereas,  the  said  Ordinance  prescribes  to  the  people  of 
South  Carolina  a  course  of  conduct  in  direct  violation  of  their 
duty  as  citizens  of  the  United  States,  contrary  to  the  laws  of 
their  country,  subversive  of  its  Constitution,  and  having  for  its 
object  the  destruction  of  the  Union — that  Union,  which,  coeval 
with  our  political  existence,  led  our  fathers,  without  any  other 
ties  to  unite  them  than  those  of  patriotism  and  a  common  cause, 
through  a  sanguinary  struggle,  to  a  glorious  independence — 
that  sacred  Union,  hitherto  inviolate,  which  perfected  by  our 
happy  Constitution,  has  brought  us,  by  the  favor  of  Heaven,  to 
a  state  of  prosperity  at  home,  and  high  consideration  abroad, 
rarely,  if  ever,  equalled  in  the  history  of  nations.  To  preserve 
this  bond  of  our  political  existence  from  destruction,  to  main 
tain  inviolate  this  state  of  national  honor  and  prosperity,  and  to 
justify  the  confidence  my  fellow  citizens  have  reposed  in  me,  I 
Andrew  Jackson,  President  of  the  United  States,  have  thought 
proper  to  issue  this  my  Proclamation,  staling  my  views  of  the 
Constitution  and  laws  applicable  to  the  measures  adopted  by 
the  Convention  of  South  Carolina,  and  the  reasons  they  have 
put  forth  to  sustain  them,  declaring  the  course  which  duty  will 
require  me  to  pursue,  and  appealing  to  the  understanding  and 
patriotism  of  the  people,  to  warn  them  of  the  consequences  must 
inevitably  result  from  an  observance  of  the  dictates  of  the  Con 
vention. 


77 

Strict  duty  would  require  of  me  nothing  more  than  the  exer 
cise  of  those  powers  with  which  I  am  now,  or  may  hereafter  be  in 
vested,  for  preserving  the  peace  of  the  Union,  and  for  the  exe 
cution  of  the  laws.  But  the  imposing  aspect  which  opposition 
has  assumed  in  this  case,  by  clothing  itself  with  State  author 
ity,  and  the  deep  interest  which  the  people  of  the  United  States 
must  all  feel  in  preventing  a  resort  to  stronger  measures,  while 
there  is  a  hope  that  any  thing  will  be  yielded  to  reasoning  and 
remonstrance,  perhaps  demand,  and  will  certainly  justify  a  full 
exposition  to  South  Carolina  and  the  nation,  of  the  views  I  enter 
tain  of  this  important  question,  as  well  as  a  distinct  enunciation 
of  the  course  which  my  sense  of  duty  will  require  me  to  pursue. 

This  Ordinance  is  founded,  not  on  the  indefeasible  right  of 
resisting  acts  which  are  plainly  unconstitutional,  and  too  op~i 
pressive  to  be  endured,  but  on  the  strange  position  that  any  one    ' 
State  may  not  only  declare  an  act  of  Congress  void,  but  prohibit 
its  execution — that  they  may  do  this  consistently  with  the  Con-  j 
stitution — that  the  true  construction  of  that  instrument  permits  \ 
a  State  to  retain  its  place  in  the  Union,  and  yet  be  bound  by  no 
other  of  its  laws  than  those  it  may  choose  to  consider  as  consti 
tutional.     It  is  true,  they  add,  that  to  justify  this  abrogation  of 
a  law,  it  must  be  palpably  contrary  to  the  Constitution  ;  but  it  is 
evident  that,  to  give  the  right  of  resisting  laws  of  that  description,  / 
coupled  with  the  uncontrolled  right  to  decide  what  laws  deserve  I 
that  character,  is  to  give  the  power  of  resisting  all  laws./  For, 
as  by  the  theory  there  is  no  appeal,  the  reasons  alleged  by  the 
State,  good  or  bad,  must  prevail.     If  it  should  be  said  that  pub 
lic  opinion  is  a  sufficient  check  against  the  abuse  of  this  power, 
it  may  be  asked  why  it  is  not  deemed  a  sufficient  guard  against 
the  passage  of  an  unconstitutional  act  by  Congress?     There  is, 
however,  a  restraint  in  this  last  case,  which  makes  the  assumed 
power  of  a  State  more  indefeasible,  and  which  does  not  exist  in 
the  other.     There  are  two  appeals  from  an  unconstitutional  act 
passed  by  Congress — one  to  the  Judiciary,  the  other  to  the  peo 
ple  and  the  States.     There  is  no  appeal  from  the  State  decision 
in  theory,  and  the  practical  illustration  shows  that  the  Courts 
are  closed  against  an  application  to  review  it,  both  judges  and 
jurors  being  sworn  to  decide  in  its  favor.     But  reasoning  on  this 
subject  is  superfluous,  when  our  social  compact  in  express  terms 


78 

declares,  that  the  laws  of  the  United  States,  its  Constitution, 
and  treaties  made  under  it,  are  the  supreme  law  of  the  land  ;  and 
for  greater  caution,  adds,  "  that  the  Judges  in  every  State  shall 
be  bound  thereby,  any  thing  in  the  Constitution  or  laws  of  any 
State  to  the  contrary  notwithstanding."  And  it  may  be  assert 
ed,  without  fear  of  refutation,  that  no  Federative  Government 
could  exist  without  a  similar  provision.  Look  for  a  moment  to 
the  consequence. 

If  South  Carolina  considers  the  revenue  laws  as  unconstitu 
tional,  and  has  a  right  to  prevent  their  execution  in  the  port  of 
Charleston,  there  would  be  a  clear  constitutional  objection  to 
their  collection  in  every  other  port,  and  no  revenue  could  be 
collected  any  where  ;  for  all  imposts  must  be  equal.  It  is  no 
answer  to  repeat  that  an  unconstitutional  law  is  no  law,  so  long 
as  the  question  of  its  legality  is  to  be  decided  by  the  State  itself; 
for  every  law  operating  injuriously  upon  any  local  interest,  will 
be  perhaps  thought,  and  certainly  represented,  as  unconstitu 
tional,  and  it  has  been  shown,  there  is  no  appeal. 

If  this  doctrine  had  been  established  at  an  earlier  day,  the 
Union  would  have  been  dissolved  in  its  infancy.  The  excise  law 
in  Pennsylvania,  the  embargo  and  non-intercourse  laws  in  the 
Eastern  States,  the  carriage  tax  in  Virginia,  were  all  deemed  un 
constitutional,  and  were  more  unequal  in  their  operation  than 
any  of  the  laws  now  complained  of;  but,  fortunately,  none  of 
those  States  discovered  that  they  had  the  right  now  claimed  by 
South  Carolina.  The  war  into  which  we  were  forced,  to  sup 
port  the  dignity  of  the  nation  and  the  rights  of  our  citizens, 
might  have  ended  in  defeat  and  disgrace,  instead  of  victory  and 
honor,  if  the  States,  who  supposed  it  a  ruinous  and  unconstitu 
tional  measure,  had  thought  they  possessed  the  right  of  nullify 
ing  the  act  by  which  it  was  declared,  and  denying  supplies  for 
its  prosecution.  Hardly  and  unequally  as  those  measures  bore 
upon  several  members  of  the  Union,  to  the  legislature  of  none 
did  this  efficient  and  peaceable  remedy,  as  it  is  called,  suggest 
itself.  The  discovery  of  this  important  feature  in  our  constitution 
was  reserved  to  the  present  day.  To  the  statesmen  of  South 
Carolina  belongs  the  invention,  and  upon  the  citizens  of  that 
State  will  unfortunately  fall  the  evils  of  reducing  it  to  practice. 

If  the  doctrine  of  a  State  veto,  upon  the  laws  of  the  Union, 


79 

carries  with  it  internal  evidence  of  its  impracticable  absurdity, 
our  constitutional  history  will  also  afford  abundant  proof  that  it 
would  have  been  repudiated  with  indignation,  had  it  been  pro 
posed  to  form  a  feature  in  our  Government. 

In  our  colonial  state,  although  dependent  on  another  power, 
we  very  early  considered  ourselves  as  connected  by  common  in 
terest  with  each  other.  Leagues  were  formed  for  common  de 
fence,  and  before  the  Declaration  of  Independence  we  were 
known  in  our  aggregate  character  as  the  United  Colonies  of 
America.  That  decisive  and  important  step  was  taken  jointly. 
We  declared  ourselves  a  nation  by  a  joint,  not  by  several  acts  ; 
and  when  the  terms  of  our  confederation  were  reduced  to  form, 
it  was  in  that  of  a  solemn  league  of  several  States,  by  which 
they  agreed  that  they  would  collectively,  form  one  nation,  for 
the  purpose  of  conducting  some  certain  domestic  concerns,  and 
all  foreign  relations.  In  the  instrument  forming  that  Union,  is 
found  an  article  which  declares  that  "  every  State  shall  abide  by 
the  determinations  of  Congress  on  all  questions  which  by  that 
confederation  should  be  submitted  to  them." 

Under  the  confederation,  then,  no  State  could  legally  annul  a 
decision  of  the  Congress,  or  refuse  to  submit  to' its  execution  ; 
but  no  provision  was  made  to  enforce  these  decisions.  Con 
gress  made  requisitions  but  they  were  not  complied  with.  The 
Government  could  not  operate  on  individuals.  They  had  no 
Judiciary,  no  means  of  collecting  revenue. 

But  the  defects  of  the  confederation  need  not  be  detailed. 
Under  its  operation,  we  would  scarcely  be  called  a  nation.  We 
had  neither  prosperity  at  home  nor  consideration  abroad.  This 
state  of  things  could  not  be  endured,  and  our  present  happy 
Constitution  was  formed  ;  but  formed  in  vain  if  this  fatal  doctrine 
prevails.  It  was  formed  for  important  objects  that  are  an 
nounced  in  the  preamble  made  in  the  name  and  by  the  authori 
ty  of  the  people  of  the  United  States,  whose  delegates  framed, 
and  whose  conventions  approved  it.  The  most  important  among 
these  objects,  that  which  is  placed  first  in  rank,  on  which  all  the 
others  rest  "  is  to  form  a  more  perfect  Union."  Now,  is  it  possible 
that,  even  if  therTTWeTu  uu  expTess  provisions  giving  supremacy 
to  the  Constitution  and  laws  of  the  United  States  over  those  of 
the  States,  it  can  be  conceived,  that  an  instrument  made  for  the 


80 

purpose  of  "  forming  a  more  perfect  Union"  than  that  of  the 
confederation,  could  be  so  constructed  by  the  assembled  wis 
dom  of  our  country  as  to  substitute  for  that  confederation  a  form 
of  government  dependent  for  its  existence  on  the  local  interest, 
the  party  spirit  of  a  State,  or  of  a  prevailing  faction  in  a  State  ? 
Every  man  of  plain  unsophisticated  understanding,  who  hears  the 
question,  will  give  such  an  answer  as  will  preserve  the  Union. 
Metaphysical  subtlety,  in  pursuit  of  an  impracticable  theory, 
could  alone  have  devised  one  that  is  calculated  to  destroy  it. 
I/I  consider,  then,  the  power  to  annul  a  law  of  the  United 
States,  assumed  by  one  State,  incompatible  with  the  existence 
of  the  Union,  contradicted  expressly  by  the  letter  of  the  Consti 
tution,  unauthorized  by  its  spirit,  inconsistent  with  every  princi 
ple  on  which  it  was  founded,  and  destructive  of  the  great  object 
I/for  which  it  was  formed. 

After  this  general  view  of  the  leading  principle,  we  must  ex 
amine  the  particular  application  of  it  which  is  made  in  the  ordi 
nance. 

The  preamble  rests  its  justification  on  these  grounds  :  It  as 
sumes  as  a  fact,  that  the  obnoxious  laws,  although  they  purport 
to  be  laws  for  raising  revenue,  were  in  reality  intended  for  the 
protection  of  manufactures,  which  purpose  it  asserts  to  be  un 
constitutional  ;  that  the  operation  of  these  laws  is  unequal ;  that 
the  amount  raised  by  them  is  greater  than  is  required  by  the 
wants  of  the  Government ;  and,  finally  that  the  proceeds  are  to 
be  applied  to  objects  unauthorized  by  the  Constitution.  These 
are  the  only  causes  alledged  to  justify  an  open  opposition  to  the 
laws  of  the  country,  and  a  threat  of  seceding  from  the  Union,  if 
any  attempt  should  be  made  to  enforce  them.  She  first  virtually 
acknowledges  that  the  law  in  question  was  passed  under  a  pow 
er  expressly  given  by  the  Constitution  to  lay  and  collect  imposts, 
but  its  constitutionality  is  drawn  in  question  from  the  motives  of 
those  who  passed  it.  However  apparent  this  purpose  may  be  in 
the  present  case,  nothing  can  be  more  dangerous  than  to  admit 
the  position  that  an  unconstitutional  purpose,  entertained  by  the 
members  who  assent  to  a  law  enacted  under  a  constitutional 
power,  shall  make  that  law  void  ;  for  how  is  that  purpose  to  be 
ascertained  ?  Who  is  to  make  the  scrutiny  ?  How  often  may 
bad  purposes  be  falsely  imputed  .?  In  how  many  cases  are  they 


81 

concealed  by  false  profession  ?  In  how  many  is  no  declaration 
of  motive  made  ?  Admit  this  doctrine,  and  you  give  to  the  States 
an  uncontrolled  right  to  decide  ;  and  every  law  may  be  annulled 
under  this  pretext.  If,  therefore,  the  absurd  and  dangerous 
doctrine  should  be  admitted,  that  a  State  may  annul  an  uncon 
stitutional  law,  or  one  that  it  deems  such,  it  will  not  apply  to  the 
present  case. 

The  next  objection  is,  that  the  laws  in  question  operate  une 
qually.     This  objection  may  be  made  with  truth  to  every  law 
that  has  been  or  can   be  passed.     The  wisdom  of  man  never 
yet  contrived  a  system  of  taxation  that  would  operate  with  per 
fect  equality.     If  the  unequal  operation   of  a  law  makes  it  un 
constitutional,  and  if  all  laws  of  that  description  may  be  abro 
gated  by  any  State  for  that  cause,  then  indeed   is  the  Federa 
Constitution  unworthy  of  the  slightest  effort  for  its  preservation 
We  have   hitherto  relied   on  it  as  the  perpetual  bond  of  ou 

Union.     We  have  received  it  as  the  work  of  the  assembled  wis 

\ 

dom  of  the  nation.  We  have  trusted  to  it  as  to  the  sheet  anchor 
of  our  safety,  in  the  stormy  times  of  conflict  with  a  foreign  or 
domestic  foe.  We  have  looked  to  it  with  sacred  awe  as  the  pal 
ladium  of  our  liberties,  and  with  all  the  solemnities  of  religion, 
have  pledged  to  each  other  our  lives  and  fortunes  here,  and  our 
hopes  of  happiness  hereafter,  in  its  defence  and  support.  Were 
we  mistaken,  my  countrymen,  in  attaching  this  importance  to 
the  Constitution  of  our  country?  Was  our  devotion  paid  to  the 
wretched,  inefficient,  clumsy  contrivance,  which  this  new  doc 
trine  would  make  it?  Did  we  pledge  ourselves  to  the  support 
of  an  airy  nothing — a  bubble  that  must  be  blown  away  by  the 
first  breath  of  disaffection?  Was  this  self-destroying,  visionary 
theory,  the  work  of  the  profound  statesmen,  the  exalted  patri 
ots,  to  whom  the  task  of  constitutional  reform  was  entrusted  ? 
Did  the  name  of  Washington  sanction,  did  the  States  deliberate 
ly  ratify  such  an  anomaly  in  the  history  of  fundamental  legisla 
tion  ?  No.  We  were  not  mistaken  !  The  letter  of  this  great 
instrument  is  free  from  this  radical  fault ;  its  language  directly 
contradicts  the  imputation  :  its  spirit — its  evident  intent — con 
tradicts  it.  No;  we  did  not  err!  Our  Constitution  does  not\ 
contain  the  absurdity  of  giving  power  to  make  laws,  and  another 
power  to  resist  them. 
12 


82 

The  sages,  whose  memory  will  always  be  reverenced,  have 
given  us  a  practical,  and,  as  they  hoped,  a  permanent  constitu 
tional  compact.  The  Father  of  his  country  did  not  affix  his 
revered  name  to  so  palpable  an  absurdity.  Nor  did  the  States 
when  they  severally  ratified  it,  do  so  under  the  impression  that 
a  veto  on  the  laws  of  the  United  States  was  reserved  to  them, 
or  that  they  could  exercise  it  by  implication.  Search  the  de 
bates  in  all  their  Conventions — examine  the  speeches  of  the 
most  zealous  opposers  of  Federal  authority — look  at  the  amend 
ments  that  were  proposed.  They  are  all  silent — not  a  syllable 
uttered,  not  a  vote  given,  not  a  motion  made  to  correct  the  ex 
plicit  supremacy  given  to  the  laws  of  the  Union  over  those  of 
the  States — or  to  show  that  implication,  as  is  now  contended, 
could  defeat  it.  No,  we  have  not  erred  !  The  Constitution  is 
jstill  the  object  o£_o_ujLi£^verence,  the  bond  of  our  Union,  our  de- 
•fence  in  danger,  the  source  of  our  prosperity  in  peace.  It  shall 
descend,  as  we  have  received  it,  uncorrupted  by  sophistical  con 
struction,  to  our  posterity ;  and  the  sacrifices  of  local  interest, 
of  State  prejudices,  of  personal  animosities,  that  were  made  to 
bring  it  into  existence,  will  again  be  patriotically  offered  for  its 
support. 

The  two  remaining  objections  made  by  the  Ordinance  to  these 
laws  are,  that  the  sums  intended  to  be  raised  by  them  are  greater 
than  are  required,  and  that  the  proceeds  will  be  unconstitution 
ally  employed.  The  Constitution  has  given  expressly  to  Con 
gress  the  right  of  raising  revenue,  and  of  determining  the  sum 
the  public  exigencies  will  require.  The  States  have  no  control 
over  the  exercise  of  this  right,  other  than  that  which  results  from 
the  power  of  changing  the  representatives  who  abuse  it,  and  thus 
procure  redress.  Congress  may  undoubtedly  abuse  this  discre 
tionary  power,  but  the  same  may  be  said  of  others  with  which 
they  are  vested.  Yet  the  discretion  must  exist  somewhere. 
The  Constitution  has  given  it  to  the  Representatives  of  all  the 
People,  checked  by  the  Representatives  of  the  States,  and  by 
the  Executive  power.  The  South  Carolina  construction  gives  it 
to  the  Legislature  or  Convention  of  a  single  State,  where  neither 
the  people  of  the  different  States  nor  the  State  in  their  separate 
capacity,  nor  the  Chief  Magistrate  elected  by  the  people,  have 
any  representation.  Which  is  the  most  discreet  disposition  of 


83 

the  power  ?  I  do  not  ask  you,  fellow  citizens,  which  is  the  Con 
stitutional  disposition — that  instrument  speaks  a  language  not 
to  be  misunderstood.  But  if  you  were  assembled  in  general 
convention,  which  would  you  think  the  safest  depository  for  this 
discretionary  power  in  the  last  resort.  Would  you  add  a  clause 
giving  it  to  each  of  the  States,  or  would  you  sanction  the  wise 
provisions  already  made  by  your  Constitution  ?  If  this  should  be 
the  result  of  your  deliberations,  when  providing  for  the  future, 
are  you,  can  you — be  ready  to  risk  all  that  we  hold  dear,  to  es 
tablish  for  a  temporary  and  a  local  purpose,  that  which  you  must 
acknowledge  to  be  destructive,  and  even  absurd,  as  a  general 
provision  ?  Carry  out  the  consequences  of  this  right  vested 
in  the  different  States,  and  you  must  perceive  that  the  crisis  your 
conduct  presents  at  this  day  would  recur  whenever  any  law  of 
the  United  States  displeased  any  of  the  States,  and  that  we 
should  soon  cease  to  be  a  nation. 

The  Ordinance,  with  the  same  knowledge  of  the  future  that* 
characterizes  a  former  objection,  tells  you  that  the  proceeds  of 
the  tax  will  be  unconstitutionally  applied.  If  this  could  be  as 
certained  with  certainty,  the  objection  would,  with  more  pro 
priety,  be  reserved  for  the  law  so  applying  the  proceeds,  but 
surely  cannot  be  urged  against  the  laws  levying  the  duty.  -^ 

These  are  the  allegations  contained  in  the  Ordinance.  Ex 
amine  them  seriously,  my  fellow  citizens— judge  for  yourselves. 
I  appeal  to  you  to  determine  whether  they  are  so  clear,  so  con 
vincing,  as  to  leave  no  doubt  of  their  correctness  :  and  even  if 
you  should  come  to  this  conclusion,  how  far  they  justify  the 
reckless,  destructive  course,  which  you  are  directed  to  pursue. 
Review  these  objections,  and  the  couclusions  drawn  from  them 
once  more.  What  are  they  ?  Every  law,  then,  for  raising  rev 
enue,  according  to  the  South  Carolina  Ordinance,  may  be  right 
fully  annulled,  unless  it  be  so  framed  as  no  law  ever  will  or  can 
be  framed.  Congress  have  a  right  to  pass  laws  for  raising  rev 
enue,  and  each  State  has  a  right  to  oppose  their  execution — 
two  rights  directly  opposite  to  each  other ;  and  yet  is  this  ab 
surdity  supposed  to  be  contained  in  an  instrument  drawn  for  the 
express  purpose  of  avoiding  collisions  between  the  States  and 
the  General  Government,  by  an  assembly  of  the  most  enlightened 
statesmen  and  purest  patriots  ever  embodied  for  a  similar  purpose. 


84 

In  vain  have  these  sages  declared  that  Congress  shall  have  pow 
er  to  lay  and  collect  taxes,  duties,  imposts,  and  excise — in  vain 
have  they  provided  that  they  shall  have  power  to  pass  all  laws 
which  shall  be  necessary  and  proper  to  carry  those  powers  into 
execution ;  that  those  laws  and  that  Constitution  shall  be  the 
"supreme  law  of  the  land  ;  and  that  the  judges  in  every  State 
shall  be  bound  thereby,  any  thing  in  the  Constitution  or  laws  of 
any  State  to  the  contrary  notwithstanding."  In  vain  have  the 
people  of  the  several  States  solemnly  sanctioned  these  provis 
ions,  made  them  their  paramount  law,  and  individually  sworn  to 
support  them  whenever  they  were  called  on  to  execute  any  of 
fice.  Vain  provisions  !  ineffectual  restrictions  !  vile  profanation 
of  oaths  !  miserable  mockery  of  legislation  !  If  a  bare  majority 
of  the  voters  in  any  one  State  may,  on  a  real  or  supposed 
knowledge  of  the  intent  with  which  a  law  has  been  passed,  de 
clare  themselves  free  from  its  operation — say  here  it  gives  too 
little,  there  too  much,  and  operates  unequally — here  it  surfers 
articles  to  be  free  that  ought  to  be  taxed,  there  it  taxes  those 
that  ought  to  be  free — in  this  case  the  proceeds  are  intended  to 
be  applied  to  purposes  which  we  do  not  approve  ;  in  that  the 
amount  raised  is  more  than  is  wanted.  Congress,  it  is  true,  are 
invested  by  the  Constitution,  with  the  right  of  deciding  these 
questions  according  to  their  sound  discretion.  Congress  is  com 
posed  of  the  Representatives  of  all  the  States  and  all  the  peo 
ple  of  the  States;  but  we,  part  of  the  people  of  one  State,  to 
whom  the  Constitution  has  given  no  power  on  the  subject,  from 
whom  it  has  expressly  taken  it  away  ;  we,  who  have  solemnly 
agreed  that  this  Constitution  shall  be  our  law — we,  most  of  whom 
have  sworn  to  support  it — we,  now  abrogate  this  law,  and  swear, 
and  force  others  to  swear,  that  it  shall  not  be  obeyed — and  we  do 
this  not  because  Congress  have  no  right  to  pass  such  laws — this 
we  do  not  allege  ;  but  because  they  have  passed  them  with  im 
proper  views. 

They  are  unconstitutional  from  the  motives  of  those  who  pass 
ed  them,  which  we  can  never  with  certainty  know,  from  their 
unequal  operation,  although  it  is  impossible  from  the  nature  of 
things  that  they  should  be  equal — and  from  the  disposition 
which  we  presume  may  be  made  of  their  proceeds,  although 
that  disposition  has  not  been  declared.  This  is  the  plain  mean- 


85 

ing  of  the  Ordinance  in  relation  to  laws  which  it  abrogates  for 
alleged  unconstitutionally.  But  it  does  not  stop  there.  It  re 
peals,  in  express  terms,  an  important  part  of  the  Constitution 
itself,  and  of  laws  passed  to  give  it  effect,  which  have  never 
been  alleged  to  be  unconstitutional.  The  Constitution  declares 
that  the  judicial  powers  of  the  United  States  extend  to  cases 
arising  under  the  laws  of  the  United  States,  and  that  such  laws, 
the  Constitution  and  treaties,  shall  be  paramount  to  the  State 
Constitution  and  laws. 

The  judiciary  act  prescribes  the  mode  by  which  the  case  may 
be  brought  before  a  Court  of  the  United  States  by  appeal,  when 
a  State  tribunal  shall  decide  against  this  provision  of  the  Con 
stitution.  The  Ordinance  declares  there  shall  be  no  appeal ; 
makes  the  State  law  paramount  to  the  Constitution  of  the 
United  States;  forces  judges  and  jurors  to  swear  they  will  dis 
regard  its  provisions  ;  and  even  makes  it  penal  in  a  suitor  to 
attempt  relief  by  appeal.  It  further  declares  that  it  shall  not 
be  lawful  for  the  authorities  of  the  United  States,  or  of  that 
State,  to  enforce  the  payment  of  duties  imposed  by  the  revenue 
laws  within  its  limits. 

Here  is  a  law  of  the  United  States,  not  even  pretended  to  be 
unconstitutional,  repealed  by  the  authority  of  a  small  majority 
of  the  voters  of  a  single  State.  Here  is  a  provision  of  the  Con 
stitution  which  is  solemnly  abrogated  by  the  same  authority. 

On  such  expositions  and  reasonings,  the  Ordinance  grounds 
not  only  an  assertion  of  the  right  to  annul  the  laws  of  which  it 
complains,  but  to  enforce  it  by  a  threat  of  seceding  from  the 
Union,  if  any  attempt  is  made  to  execute  them. 

The  right  to  secede  is  deduced  from  the  nature  of  the  Con 
stitution,  which,  they  say,  is  a  compact  between  the  sovereign 
States,  who  have  preserved  their  whole  sovereignty,  and,  there 
fore,  are  subject  to  no  superior ;  that  because  they  made  the 
compact,  they  can  break  it  when,  in  their  opinion,  it  has  been 
departed  from  by  the  other  States.  Fallacious  as  this  course  of 
reasoning  is,  it  enlists  State  pride,  and  finds  advocates  in  the 
honest  prejudice  of  those  who  have  not  studied  the  nature  of  our 
Government  sufficiently  to  see  the  radical  error  on  which  it 
rests. 

The  people  of  the  United  States  formed  the  Constitution,  act- 


1 


86 

ing  through  the  State  Legislatures  in  making  the  compact,  to 
meet  and  discuss  its  provisions,  and  acting  in  separate  Conven 
tions  when  they  ratified  these  provisions ;  but  the  terms  used  in 
its  construction,  show  it  to  be  a  Government  in  which  the  peo 
ple  of  all  the  States  collectively  are  represented.  We  are  one 
people  in  the  choice  of  the  President  and  Vice  President.  Here 
the  States  have  no  other  agency  than  to  direct  the  mode  in 
which  the  votes  shall  be  given.  The  candidates  having  the  ma 
jority  of  all  the  votes  are  chosen.  The  electors  of  a  majority  of 
States  may  have  given  their  votes  for  one  candidate,  and  yet 
another  may  be  chosen.  The  people  then,  and  not  the  States, 
are  represented  in  the  Executive  branch. 

In  the  House  of  Representatives  there  is  this  difference,  that 
the  people  of  one  State  do  not,  as  in  the  case  of  President  and 
Vice  President,  all  vote  for  the  same  officers.  The  people  of 
all  the  States  do  not  vote  for  all  the  members,  each  State  elect 
ing  only  its  own  Representatives.  But  this  creates  no  material 
distinction.  When  chosen,  they  are  all  representatives  of  the 
United  States,  not  representatives  of  the  particular  State  from 
which  they  come.  They  are  paid  by  the  United  States,  not  by 
the  State,  nor  are  they  accountable  to  it  for  any  act  done  in  the 
performance  of  their  legislative  functions ;  and,  however  they 
may  in  practice,  as  it  is  their  duty  to  do,  consult  and  prefer  the 
interests  of  their  particular  constituents  when  they  come  in  con 
flict  with  any  other  partial  or  local  interest,  yet  it  is  their  first 
and  highest  duty  as  representatives  of  the  United  States,  to  pro 
mote  the  general  good. 

'The  Constitution  of  the  United  States,  then,  forms  a  Govern 
ment,  not  a  league  ;  and  whether  it  be  formed  by  compact  be 
tween  the  States,  or  in  any  other  manner,  its  character  is  the 
game.  It  is  a  Government  in  which  all  the  people  are  repre- 
s&nted,  which  operates  directly  on  the  people  individually,  not 
u^on  the  States ;  they  retained  all  the  power  they  did  not  grant. 
Bu\t  each  State  having  expressly  parted  with  so  many  powers  as 
to  Constitute  jointly  with  the  other  States  a  single  nation,  can 
not  from  that  period  possess  any  right  to  secede,  because  such 
secession  does  not  break  a  league,  but  destroys  the  unity  of  a 
nation  ;  and  any  injury  to  that  unity  is  not  only  a  breach  which 
would  result  from  the  contravention  of  a  compact,  but  it  is  an 


187 

offence  against  the  whole  Union.  To  say  that  any  State  may 
at  pleasure  secede  from  the  Union,  is  to  say  that  the  United 
States  are  not  a  nation  ;  because  it  would  be  a  solecism  to  con 
tend  that  any  part  of  a  nation  might  dissolve  its  connexion  with 
the  other  parts,  to  their  injury  or  ruin,  without  committing  any 
offence. 

Secession,  like  any  other  revolutionary  act,  may  be  morally 
justified  by  the  extremity  of  oppression,  but  to  call  it  a  constitu 
tional  right,  is  confounding  the  meaning  of  terms;  and  can  only 
be  done  through  gross  error,  or  to  deceive  those  who  are  willing 
to  assert  a  right,  but  would  pause  before  they  made  a  revolu 
tion,  or  incurred  the  penalties  consequent  on  a  failure. 

Because  the  Union  was  formed  by  compact,  it  is  said  the  par 
ties  to  that  compact  may,  when  they  feel  themselves  aggrieved, 
depart  from  it ;  but  it  is  precisely  because  it  is  a  compact  that 
they  cannot.  A  compact  is  an  agreement  or  binding  obligation. 
It  may,  by  its  terms,  have  a  sanction  or  penalty  for  its  breach, 
or  it  may  not.  If  it  contains  no  sanction,  it  may  be  broken  with 
no  other  consequence  than  moral  guilt ;  if  it  have  a  sanction, 
then  the  breach  incurs  the  designated  or  implied  penalty.  A' 
league  between  independent  nations,  generally,  has  no  sanction ' 
other  than  a  moral  one ;  or,  if  it  should  contain  a  penalty,  as 
there  is  no  common  superior,  it  cannot  be  enforced.  A  GovJ- 
ernment,  on  the  contrary,  always  has  a  sanction,  express  or  im 
plied  ;  and,  in  our  case,  it  is  both  necessarily  implied  and 
expressly  given.  An  attempt  by  force  of  arms  to  destroy  a 
Government,  is  an  offence,  by  whatever  means  the  constitutional 
compact  may  have  been  formed  ;  and  such  Government  has  the 
right,  by  the  law  of  self-defence,  to  pass  acts  for  punishing  the 
offender,  unless  that  right  is  modified,  restrained,  or  resumed  by 
the  constitutional  act.  In  our  system,  although  it  is  modified 
in  the  case  of  treason,  yet  authority  is  expressly  given  to  pass 
all  laws  necessary  to  carry  its  power  into  effect,  and  under  this 
grant  provision  has  been  made  for  punishing  acts  which  obstruct 
the  due  administration  of  the  laws. 

It  would  seem  superfluous  to  add  any  thing  to  show  the  na 
ture  of  that  Union  which  connects  us ;  but  as  erroneous  opin 
ions  on  this  subject  are  the  foundation  of  doctrines  the  most  de 
structive  to  our  peace,  I  must  give  some  further  developement 


88 

of  my  views  upon  this  subject.     No  one,  fellow  citizens,  has  a 
higher  reverence  for  the  reserved  rights  of  the  States,  than  the 
Magistrate  who  now  addresses  you.     No  one  would  make  greater 
personal  sacrifices,  or  official  exertions,   to  defend   them  from 
violation  ;  but  equal  care  must  be  taken  to  prevent  on  their 
part  an  improper  interference  with,  or  resumption  of,  the  rights 
they  have  vested  in  the  nation.     The  line  has  not  been  so  dis 
tinctly  drawn,  as  to  avoid  doubts  in  some  cases  of  the  exercise 
of  power.     Men  of  the  best  intentions  and  soundest  views  may 
differ  in  their  construction  of  some  parts  of  the  Constitution  ; 
but  there  are  others  on  which  dispassionate  reflection  can  leave 
i     no  doubt.     Of  this  nature  appears  to  be  the  assumed  right  of 
\\    a  secession.     It  rests,  as  we  have  seen,  on  the  alleged  undivided 
w,  sovereignty  of  the   States,  and  on   their  having   formed  in  this 
\\sovereign  capacity  a  compact  which  is  called  the  Constitution, 
from  which,  because  they  made  it,  they  have  the  right  to  secede. 
Both  of  these   positions  are  erroneous,  and  some  of  the  argu 
ments  to  prove  them  so  have  been  anticipated. 

The  States  severally  have  not  retained  their  entire  sove 
reignty.  It  has  been  shown  that  in  becoming  parts  of  a  nation, 
not  members  of  a  league,  they  surrendered  many  of  their  essen 
tial  parts  of  sovereignty.  The  rights  to  make  treaties — declare 
war — levy  taxes — exercise  exclusive  judicial  and  legislative 
powers — were  all  of  them  functions  of  sovereign  power.  The 
States,  then,  for  all  these  important  purposes,  were  no  longer 
sovereign.  The  allegiance  of  their  citizens  was  transferred,  in 
the  first  instance,  to  the  Government  of  the  United  States  ;  they 
became  Americans-citizens,  and  owed  obedience  to  the  Consti 
tution  of  the  United  States,  and  to  the  laws  made  in  conformity 
with  the  powers  it  vested  in  Congress.  This  last  position  has 
not  been,  and  cannot  be  denied.  How  then  can  that  State  be 
said  to  be  sovereign  and  independent,  whose  citizens  owe  obe 
dience  to  laws  not  made  by  it,  and  whose  magistrates  are  sworn 
to  disregard  those  laws,  when  they  come  in  conflict  with  those 
passed  by  another  f  What  shows  conclusively  that  the  States 
cannot  be  said  to  have  reserved  an  undivided  sovereignty,  is, 
that  they  expressly  ceded  the  right  to  punish  treason — not  trea 
son  against  their  separate  power — but  treason  against  the 
United  States.  Treason  is  an  offence  against  sovereignty,  and 


89 

sovereignty  must  reside  with  the  power  to  punish  it.  But  the 
reserved  rights  of  the  States  are  not  less  sacred,  because  they 
have  for  their  common  interest  made  the  General  Government 
the  depository  of  these  powers.  The  unity  of  our  political 
character  (as  has  been  shown  for  another  purpose)  commenced 
with  its  very  existence.  Under  the  Royal  Government  we  had 
no  separate  character — our  opposition  to  its  oppression  began 
as  United  Colonies. 

We  were  the  United  States  under  the  confederation,  and  the 
name  was  perpetuated,  and  the  Union  rendered  more  perfect, 
by  the  Federal  Constitution.  In  none  of  these  stages  did  we 
consider  ourselves  in  any  other  light  than  as  forming  one  nation. 
Treaties  and  alliances  were  made  in  the  name  of  all.  Troops 
were  raised  for  the  joint  defence.  How,  then,  with  all  these 
proofs,  that  under  all  changes  of  our  position,  we  had,  for  desig 
nated  purposes  and  with  defined  powers,  created  National  Gov 
ernments — how  is  it,  that  the  most  perfect  of  those  several 
modes  of  union,  should  now  be  considered  as  a  mere  league, 
that  may  be  dissolved  at  pleasure?  It  is  from  an  abuse  of  terms. 
Compact  is  used  as  synonymous  with  league,  although  the  true 
term  is  not  employed,  because  it  would  at  once  show  the  fal 
lacy  of  the  reasoning. 

It  would  not  do  to  say  that  our  Constitution  is  only  a  league : 
but,  it  is  labored  to  prove  it  a  compact,  (which  in  one  sense  it 
is)  and  then  to  argue  that  as  a  league  is  a  compact,  every  com 
pact  between  nations  must  of  course  be  a  league,  and  that  from 
such  an  engagement  every  sovereign  power  has  a  right  to  secede. 
But  it  has  been  shown,  that  in  this  sense  the  States  are  not  sove 
reign,  and  that  even  if  they  were,  and  the  National  Constitution 
had  been  founded  by  compact,  there  would  be  no  right  in  any 
one  State  to  exonerate  itself  from  its  operations. 

So  obvious  are  the  reasons  which  forbid  this  secession,  that  it 
is  necessary  only  to  allude  to  them.  The  Union  was  formed  for 
the  benefit  of  all.  It  was  produced  by  mutual  sacrifices  of  in 
terests  and  opinions.  Can  those  sacrifices  be  recalled  ?  Can 
the  States,  who  magnanimously  surrendered  their  title  to  the 
Territories  of  the  West,  recall  the  grant  ?  Will  the  inhabitants 
of  the  inland  States  agree  to  pay  the  duties  that  may  be  imposed 
without  their  assent  by  those  on  the  Atlantic,  or  the  Gulf,  for 
13 


90 

their  own  benefit  ?  Shall  there  be  a  free  port  in  one  State,  and 
onerous  duties  in  another  ?  No  one  believes  that  any  right  ex 
ists  in  a  single  State  to  involve  all  the  others  in  these  and  count- 
tfess  other  evils,  contrary  to  the  engagements  solemnly  made. 
|£very  one  must  see  that  the  other  States,  in  self  defence,  must 
Joppose  at  all  hazards. 

These- are  the  alternatives  that  are  presented  by  the  Conven 
tion.  A  repeal  of  all  the  acts  for  raising  revenue,  leaving  the 
Government  without  the  means  of  support  ;  or,  an  acquiescence 
in  the  dissolution  of  our  Union,  by  the  secession  of  one  of  its 
members.  When  the  first  was  proposed,  it  was  known  that  it 
could  not  be  listened  to  for  a  moment.  It  was  known  that 
if  force  was  applied  to  oppose  the  execution  of  the  laws,  it 
must  be  repelled  by  force — that  Congress  could  not,  without 
involving  itself  in  disgrace,  and  the  country  in  ruin,  accede  to 
the  proposition ;  and  yet,  if  this  is  not  done  in  a  given  day,  or 
if  any  attempt  is  made  to  execute  the  laws,  the  State  is,  by  the 
Ordinance,  declared  to  be  out  of  the  Union. 

The  majority  of  a  Convention  assembled  for  the  purpose,  have 
dictated  these  terms,  or  rather  this  rejection  of  all  terms,  in 
the  name  of  the  people  of  South  Carolina.  It  is  true  that  the 
Governor  of  the  State  speaks  of  the  submission  of  their  griev 
ances  to  a  Convention  of  all  the  States ;  which,  he  says,  they 
"  sincerely  and  anxiously  seek  and  desire."  Yet  this  obvious 
and  constitutional  mode  of  obtaining  the  sense  of  the  other 
States  on  the  construction  of  the  Federal  compact,  and  amend 
ing  it,  if  necessary,  has  never  been  attempted  by  those  who  have 
urged  the  State  on  to  this  destructive  measure.  The  State 
might  have  proposed  the  call  for  a  General  Convention  to  the 
other  States  ;  and  Congress,  if  a  sufficient  number  of  them  con 
curred,  might  have  called  it.  But  the  first  Magistrate  of  South 
Carolina,  when  he  expressed  a  hope  that,  "  on  a  review  by  Con 
gress,  and  the  functionaries  of  the  General  Government,  of  the 
merits  of  the  controversy ,"  such  a  Convention  will  be  accorded 
to  them,  must  have  known  that  neither  Congress,  nor  any  func 
tionary  of  the  General  Government,  has  authority  to  call  such  a 
Convention,  unless  it  be  demanded  by  two-thirds  of  the  States. 
This  suggestion,  then,  is  another  instance  of  the  reckless  inat 
tention  to  the  provisions  of  the  Constitution  with  which  this  cri- 


91 

sis  has  been  hurried  on,  or  the  attempt  to  persuade  the  people 
that  a  constitutional  remedy  had  been  sought,  and  refused.  If 
the  Legislature  of  South  Carolina  "  anxiously  desire"  a  General 
Convention  to  consider  their  complaints,  why  have  they  not 
made  application  for  it  in  the  way  the  Constitution  points  out  ? 
The  assertion  that  they  "  earnestly  seek"  it,  is  completely  nega 
tived  by  the  omission. 

This,  then,  is  the  position  in  which  we  stand.  A  small  ma 
jority  of  the  citizens  of  one  State  in  the  Union,  have  elected 
delegates  to  the  State  Convention  :  that  Convention  has  ordain 
ed,  that  all  the  revenue  laws  of  the  United  States,  must  be  re 
pealed,  or  that  they  are  no  longer  a  member  of  the  Union.  The 
Governor  of  that  State  has  recommended  to  the  Legislature  the 
raising  of  an  army  to  carry  the  secession  into  effect,  and  that  he 
may  be  empowered  to  give  clearances  to  vessels  in  the  name  of 
the  State.  No  act  of  violent  opposition  to  the  laws  has  yet 
been  committed;  but  such  a  state  of  things  is  hourly  appre 
hended,  and  it  is  the  intent  of  this  instrument  to  proclaim  not 
only  that  the  duty  imposed  on  me  by  the  Constitution,  "  to  take 
care  that  the  laws  be  faithfully  executed,"  shall  be  performed  to 
the  extent  of  the  power  vested  in  me  by  law,  or  of  such  others 
as  the  wisdom  of  Congress  shall  devise  and  entrust  to  me  for 
that  purpose  ;  but,  to  warn  the  citizens  of  South  Carolina,  who 
have  been  deluded  into  an  opposition  to  the  laws,  of  the  danger 
they  will  incur  by  obedience  to  the  illegal  and  disorganizing 
Ordinance  of  the  Convention — to  exhort  those  who  have  rsfused 
to  support  it,  to  persevere  in  their  determination  to  uphold  the 
Constitution  and  the  laws  of  their  country,  and  to  point  out  to 
all  the  perilous  situation  into  which  the  good  people  of  that 
State  have  been  led — and  that  the  course  they  are  urged  to  pur 
sue  is  one  of  ruin  and  disgrace  to  the  very  State  whose  rights 
they  affect  to  support. 

Fellow  citizens  of  my  native  State,  let  me  not  only  admonish 
you  as  the  first  Magistrate  of  our  common  country,  not  to  incur 
the  penalty  of  its  laws,  but  use  the  influence  that  a  father  would 
over  his  children  whom  he  saw  rushing  to  certain  ruin.  In  that 
paternal  language,  with  that  paternal  feeling,  let  me  tell  you, 
my  countrymen,  that  you  are  deluded  by  men  who  are  either 
deceived  themselves,  or  wish  to  deceive  you. 


92 

Mark,  under  what  pretences  you  have  been  led  on  to  the 
brink  of  insurrection  and  treason,  on  which  you  stand  !  First, 
a  diminution  of  the  value  of  your  staple  commodity,  lowered  by 
over-production  in  other  quarters,  and  the  consequent  diminu 
tion  in  the  value  of  your  lands,  were  the  sole  effects  of  the  tariff 
laws.  The  effect  of  those  laws  is  confessedly  injurious,  but 
the  evil  was  greatly  exaggerated  by  the  unfounded  theory  you 
were  taught  to  believe,  that  its  burthens  were  in  proportion  to 
your  exports,  not  to  your  consumption  of  imported  articles. 
Your  pride  was  roused  by  the  assertion,  that  a  submission  to 
those  laws  was  a  state  of  vassalage,  and  that  resistance  to  them 
was  equal,  in  patriotic  merit,  to  the  opposition  our  fathers  offer 
ed  to  the  oppressive  laws  of  Great  Britain.  You  were  told  that 
this  opposition  might  be  peaceable — might  be  constitutionally 
made  ;  that  you  might  enjoy  all  the  advantages  of  the  Union, 
and  bear  none  of  its  burthens. 

Eloquent  appeals  to  your  passions,  to  your  State  pride,  to 
your  native  courage,  to  your  sense  of  real  injury  were  used  to 
prepare  you  for  the  period  when  the  mask  which  concealed  the 
hideous  features  of  disunion  should  be  taken  off.  It  fell,  and 
you  were  made  to  look  with  complacency  on  objects  which,  not 
long  since,  you  would  have  regarded  with  horror.  Look  back 
at  the  nrts  which  have  brought  you  to  this  state — look  forward 
to  the  consequences  to  which  it  must  inevitably  lead!  Look 
back  to  what  was  first  told  you  as  an  inducement  to  enter  into 
this  dangerous  course  !  The  great  political  truth  was  repeated 
to  you,  that  you  had  the  revolutionary  right  of  resisting  all  laws 
that  were  palpably  unconstitutional  and  intolerably  oppressive 
— it  was  added  that  the  right  to  nullify  a  law  rested  on  the  same 
principle,  but  that  it  was  a  peaceable  remedy.  This  character 
which  was  given  to  it,  made  you  receive,  with  too  much  confi 
dence  the  assertions  that  were  made  of  the  unconstitutionality 
of  the  law,  and  its  oppressive  effects.  Mark,  my  fellow-citizens? 
that  by  the  admission  of  your  leaders,  the  unconstitutionality 
must  be  palpable  ;  or  it  will  not  justify  either  resistance  or  nul 
lification!  What  is  the  meaning  of  the  word  palpable,  in  the 
sense  in  which  it  is  here  used  ? — that  which  is  apparent  to  every 
one  :  that  which  no  man  of  ordinary  intellect  will  fail  to  per 
ceive.  Is  the  unconstitutionality  of  these  laws  of  that  descrip- 


93 

tion?  Let  those  among  your  leaders  who  once  approved  and 
advocated  the  principle  of  protective  duties,  answer  the  ques 
tion  ;  and  let  them  choose  whether  they  will  be  considered  as 
incapable,  then  of  perceiving  that  which  must  have  been  appa 
rent  to  every  man  of  common  understanding,  or  as  imposing 
upon  your  confidence,  and  endeavoring  to  mislead  you  now. 
In  either  case,  they  are  unsafe  guides  in  the  perilous  path  they 
urge  you  to  tread.  Ponder  well  on  this  circumstance,  and  you 
will  know  how  to  appreciate  the  exaggerated  language  they  ad 
dress  to  you.  They  are  not  champions  of  liberty,  emulating  the 
fame  of  our  Revolutionary  Fathers;  nor  are  you  an  oppressed 
people,  contending,  as  they  repeat  to  you,  against  worse  than 
colonial  vassalage.  You  are  free  members  of  a  flourishing  and 
happy  Union.  There  is  no  settled  design  to  oppress  you. 

I  have  urged  you  to  look  back  to  the  means  that  were  used 
to  hurry  you  on  to  the  position  you  have  now  assumed,  and  for 
ward  to  the  consequences  it  will  produce.  Something  more  is 
necessary.  Contemplate  the  condition  of  that  country  of  which 
you  still  form  an  important  part !  Consider  its  government, 
uniting  in  one  bond  of  common  interest  and  general  protection, 
so  many  different  States,  giving  to  all  their  inhabitants  the  proud 
title  of  American  citizens,  protecting  their  commerce,  securing 
their  literature  and  their  arts,  facilitating  their  intercommunica 
tion,  defending  their  frontiers,  and  making  their  name  respected 
in  the  remotest  part  of  the  earth  !  Consider  the  extent  of  its 
territory,  its  increasing  and  happy  population,  its  advances  in 
arts  which  render  life  agreeable,  and  in  the  sciences  which  ele 
vate  the  mind  !  See  education  spreading  the  lights  of  religion, 
humanity,  and  general  information  into  every  cottage  in  this 
wide  extent  of  our  territories  and  states.  Behold  it  as  the  asylum 
where  the  wretched  and  the  oppressed  find  a  refuge  and  sup 
port  !  Carolina  is  one  of  these  proud  States  :  her  arms  have  de 
fended,  her  best  blood  has  cemented  this  happy  Union.  Look 
on  this  picture  of  happiness  and  honor,  and  say — we,  too,  are 
citizens  of  America ;  and  then  add,  if  you  can,  without  horror  and 
remorse,  this  happy  Union  we  will  dissolve — this  picture  of 
peace  and  prosperity  we  will  deface  ;  this  free  intercourse  we 
will  interrupt — these  fertile  fields  we  will  deluge  with  blood — 
the  protection  of  that  glorious  flag  we  renounce;  the  very 


;  94 

name  of  Americans  we  discard.  And  for  what,  mistaken  men  ! 
— for  what  do  you  throw  away  these  inestimable  blessings — for 
what  would  you  exchange  your  share  in  the  advantages  and 
honor  of  the  Union  ?  For  the  dream  of  a  separate  independence 
— a  dream  interrupted  by  bloody  conflict  with  your  neighbors 
and  a  vile  dependence  on  a  foreign  power.  If  your  leaders 
could  succeed  in  establishing  a  separation,  what  would  be  your 
situation  ?  Are  you  united  at  home- — are  you  free  from  the  ap 
prehension  of  civil  discord,  with  all  its  fearful  consequences  ? 
Do  our  neighboring  republics,  every  day  suffering  some  new 
revolution,  or  contending  with  some  new  insurrection  ;  do  they 
excite  your  envy?  But  the  dictates  of  a  high  duty  oblige  me 
solemnly  to  announce  that  you  cannot  succeed. 

You  have  indeed  felt  the  unequal  operation  of  laws  which 
may  have  been  unwisely,  not  unconstitutionally  passed  ;  but 
that  inequality  must  necessarily  be  removed.  At  the  very  mo 
ment  when  you  were  madly  urged  on  to  the  unfortunate  course 
you  have  begun,  a  change  in  public  opinion  had  commenced. 
The  nearly  approaching  payment  of  the  public  debt,  and  the 
consequent  necessity  of  a  diminution  of  duties,  had  already  pro 
duced  a  considerable  reduction,  and  that  too  on  some  articles  of 
general  consumption  in  your  State.  The  importance  of  this 
change  was  understood,  and  you  were  authoritatively  told,  that 
no  further  alleviation  of  your  burthen  was  to  be  expected,  at  the 
very  time  when  the  condition  of  the  country  imperiously  de 
manded  such  a  modification  of  the  duties  as  should  reduce  them 
to  a  just  and  equitable  scale.  But,  as  if  apprehensive  of  the  ef 
fect  of  this  change  in  allaying  your  discontents,  you  were  pre 
cipitated  into  the  fearful  state  in  which  you  find  yourselves. 

The  laws  of  the  United  States  must  be  executed — I  have  no 
discretionary  power  on  the  subject — my  duty  is  emphatically 
pronounced  in  the  Constitution.  Those  who  told  you  that  you 
might  peaceably  prevent  their  execution,  deceived  you — they 
could  not  have  been  deceived  themselves.  They  know  that  a 
forcible  opposition  could  alone-  prevent  the  execution  of  the 
laws,  and  they  know  that  such  opposition  must  be  repelled. 
Their  object  is  disunion ;  but  be  not  deceived  by  names ;  dis 
union  by  armed  force  is  treason.  Are  you  really  ready  to  incur 


95 

its  guilt?  If  you  are,  on  the  heads  of  the  instigators  of  the  act 
be  the  dreadful  consequences — on  their  heads  be  the  dishonor, 
but  on  yours  may  fall  the  punishment — on  your  unhappy  State 
will  inevitably  fall  all  the  evils  of  the  conflict  you  force  upon 
the  Government  of  your  country.  It  cannot  accede  to  the  mad 
project  of  disunion,  of  which  you  would  be  the  first  victims — its 
first  Magistrate  cannot,  if  he  would,  avoid  the  performance  of  his 
duty — the  consequences  must  be  fearful  for  you,  distressing  to 
your  fellow-citizens  here,  and  to  the  friends  of  government 
throughout  the  world.  Its  enemies  have  beheld  our  prosperity 
with  a  vexation  they  could  not  conceal — it  was  a  standing  refu 
tation  of  their  slavish  doctrines,  and  they  will  point  to  our  dis 
cord  with  the  triumph  of  malignant  joy.  It  is  yet  in  your  power 
to  disappoint  them. 

There  is  yet  time  to  show  that  the  descendants  of  the  Pinck- 
neys,  the  Sumpters,  the  Rutledges,  and  of  the  thousand  other 
names  which  adorn  the  pages  of  your  revolutionary  history,  will 
not  abandon  that  Union,  to  support  which,  so  many  of  them 
fought,  and  bled,  and  died.  I  adjure  you,  as  you  honor  their 
memory  ;  as  you  love  the  cause  of  freedom,  to  which  they  dedi 
cated  their  lives,  as  you  prize  the  peace  of  your  country,  the 
lives  of  its  best  citizens,  and  your  own  fair  fame,  to  retrace  your 
steps.  Snatch  from  the  archives  of  your  State  the  disorganizing 
edict  of  its  Convention  ;  bid  its  members  to  re-assemble  and 
promulgate  the  decided  expression  of  your  will  to  remain  in 
the  path  which  alone  can  conduct  you  to  safety,  prosperity  and 
honor — tell  them  that  compared  to  disunion  all  other  evils  are 
light,  because  that  brings  with  it  an  accumulation  of  all — de 
clare  that  you  will  never  take  the  field  unless  the  star-spangled 
banner  of  your  country  shall  float  over  you — that  you  will  not 
be  stigmatized  when  dead,  and  dishonored  and  scorned  while 
you  live,  as  the  authors  of  the  first  attack  on  the  Constitution  of 
your  country  !  Its  destroyers  you  cannot  be.  You  may  disturb 
its  peace — you  may  interrupt  the  course  of  its  prosperity — you 
may  cloud  its  reputation  for  stability — but  its  tranquillity  will  be 
restored,  its  prosperity  will  return,  and  the  stain  upon  its  nation 
al  character  will  be  transferred,  and  remain  an  eternal  blot  on 
the  memory  of  those  who  caused  the  disorder. 


96 

Fellow  citizens  of  the  United  States  !  The  threat  of  unhal 
lowed  disunion — the  names  of  those,  once  respected,  by  whom 
it  is  uttered — the  array  of  military  force  to  support  it — denotes 
the  approach  of  a  crisis  in  our  affairs  on  which  the  continuance 
of  our  unexampled  prosperity,  our  political  existence,  and  per 
haps  that  of  all  free  government,  may  depend.  The  conjunc 
ture  demanded  a  free,  a  full  and  explicit  enunciation,  not  only  of 
my  intentions,  but  of  my  principles  of  action  ;  and  as  the  claim 
was  asserted  of  a  right  by  a  State  to  annul  the  laws  of  the  Union, 
and  even  to  secede  from  it  at  pleasure,  a  frank  exposition  of  my 
opinions  in  relation  to  the  origin  and  form  of  our  government, 
and  the  construction  I  give  to  the  instrument  by  which  it  was 
created,  seemed  to  be  proper.  Having  the  fullest  confidence  in 
the  justness  of  the  legal  and  constitutional  opinion  of  my  duties, 
which  has  been  expressed,  I  rely  with  equal  confidence  on  your 
undivided  support  in  my  determination  to  execute  the  laws  ;  to 
preserve  the  Union  by  all  Constitutional  means ;  to  arrest,  if 
possible,  by  moderate  but  firm  measures,  the  necessity  of  a  re 
course  to  force  ;  and  if  it  be  the  will  of  Heaven  that  the  recur 
rence  of  its  primeval  curse  on  man  for  the  shedding  of  a  brother's 
blood,  should  fall  upon  our  land,  that  it  be  not  called  down  by 
any  offensive  act  on  the  part  of  the  United  States. 

Fellow  citizens !  The  momentous  case  is  before  you.  On 
your  undivided  support  of  your  Government,  depends  the  decis 
ion  of  the  great  question  it  involves,  whether  your  sacred 
Union  will  be  preserved,  and  the  blessings  it  secures  to  us  as 
one  people,  shall  be  perpetuated.  No  one  can  doubt  that  the 
unanimity  with  which  that  decision  will  be  expressed,  will  be 
such  as  to  inspire  new  confidence  in  republican  institutions ;  and 
that  the  prudence,  the  wisdom,  and  the  courage  which  it  will 
bring  to  their  defence,  will  transmit  them  unimpaired  and  in 
vigorated  to  our  children. 

May  the  Great  Ruler  of  nations  grant  that  the  signal  blessings 
with  which  he  has  favored  ours,  may  not,  by  the  madness  of 
party  or  personal  ambition,  be  disregarded  and  lost ;  and  may 
His  wise  Providence  bring  those  who  have  produced  this  crisis, 
to  see  their  folly,  before  they  feel  the  misery  of  civil  strife  5  and 
inspire  a  returning  veneration  for  that  Union,  which,  if  we  dare 


97 

to  penetrate  His  designs,  He  has  chosen  as  the  only  means  of 
attaining  the  high  destinies  to  which  we  may  reasonably  aspire. 

In  testimony  whereof,  I  have  caused  the  Seal  of  the  United 
States  to  be  hereunto  affixed,  having  signed  the  same  with 
my  hand. 

Done  at  the  City  of  Washington,  this  10th  day  of  December,  in 
the  year  of  our  Lord,  one  thousand  eight  hundred  and  thirty- 
two,  and  of  the  independence  of  the  United  States,  the  fifty- 
seventh. 

By  the  President. 

ANDREW  JACKSON. 
EDW.  LIVINGSTON, 

Secretary  of  State. 


14 


RESOLVES 


OF   THE 


LEGISLATURE 


NEW  HAMPSHIRE. 


State  of  Neto 


Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened,  That  the  sentiments  contained  in  the  Proclama 
tion  of  the  President  of  the  United  States,  dated  December  10, 
1832,  meet  with  the  entire  approbation  of  this  Legislature  ;  and 
that  we  hail  in  those  sentiments,  and  in  the  general  measures  of 
his  administration,  and  particularly  in  the  salutary  exercise  of 
his  Veto,  a  Chief  Executive  Magistrate,  whose  devoted  patriot 
ism  and  moral  courage  are  equal  to  any  crisis,  and  under  the 
guidance  of  whose  wisdom  the  ancient  landmarks  of  the  Consti 
tution  will  be  preserved,  and  the  confidence  reposed  in  him,  as 
manifested  in  his  recent  election  by  a  vast  majority  of  the  Ameri 
can  people,  will  be  fully  justified. 

And  resolved  further,  That  the  Secretary  of  State  be  directed 
to  transmit  a  copy  of  this  resolution  to  the  President  of  the 
United  States,  and  to  each  of  our  Delegates  in  Congress,  and 
the  Governor  of  each  State  in  the  Union. 

FRANKLIN  PIERCE, 

Speaker  of  the  House  of  Representatives. 

BENNING  M.  BEAN, 

President  of  the  Senate. 
[A  true  copy.] 

RALPH  METCALF,  Secretary  of  State. 


RESOLVES 


OP  THE 


LE  GISL A  TURE 


OF 


AINE. 


State  of  Jttaine* 


IN  SENATE,  February  1,  1833. 

The  Joint  Select  Committee,  to  which  was  referred  so  much  of 
the  Governor's  Message  as  relates  to  the  difficulties  existing 
between  South  Carolina  and  the  General  Government,  and 
the  Documents  from  South  Carolina,  and  several  other  States, 
upon  the  same  subject,  have  had  the  same  under  considera 
tion,  and 

REPORT : 

THAT  they  have  given  their  anxious  and  serious  attention  to 
the  several  documents  referred  to  their  consideration ;  all  of 
which  have  grown  out  of  the  unhappy  controversy  now  subsist 
ing  between  South  Carolina  and  the  General  Government. 
Most,  if  not  all  of  them,  contain  speculative  views  of  the  nature 
and  objects  of  our  political  system.  In  the  several  communica 
tions,  there  is  observable  a  wide  diversity  of  sentiment ;  and  in 
some,  especially  those  from  South  Carolina,  the  conclusions 
adopted  are  made  the  subjects  of  a  very  extended  and  elaborate 
argument.  To  review  and  compare  with  each  other  the  several 
opinions  and  doctrines  set  forth  in  these  several  communica 
tions,  to  examine  fully  the  various  arguments  and  objections 
which  they  oppose  to  each  other,  and  to  investigate  what,  if  any, 
errors  of  fact,  of  principle,  or  of  reasoning,  may  be  contained  in 
any,  or  all  of  them,  would  seem  to  be  a  task  of  great  labor,  and 
one  not  likely,  perhaps,  to  result  in  any  corresponding  benefit. 

This  State,  on  two  occasions,  has  heretofore  expressed  her 
opinion  upon  the  subject  of  Federal  Relations.  It  is  believed, 
15 


106 

that  the  Report  and  Resolutions  of  1827,  relative  to  Internal 
Improvements,  and  the  Report  and  Resolutions  of  1831,  upon 
the  same  subject,  contain  a  general  outline  of  the  sentiments  of 
Maine,  as  regards  the  origin  and  purposes  of  our  political  sys 
tem,  the  powers  conferred  upon  the  General  Government  by  the 
Constitution,  and  the  rights  reserved  to  the  People  and  the 
States.  As  a  declaration  of  our  principles  and  opinions,  as  to 
the  relative  powers  and  duties  of  the  General  Government  and 
the  several  State  Governments,  we  deem  it  unnecessary,  there 
fore,  at  the  present  time,  to  do  more  than  simply  refer  to  the 
several  Reports  and  Resolutions  above  alluded  to. 

Without  entering  into  the  discussion  of  political  theories,  we 
have  chosen  rather  to  take  a  practical  view  of  the  unhappy  diffi 
culties  which  agitate  the  public  tranquillity,  and  alarm  the  pub 
lic  mind.  Viewing  with  the  deepest  feelings  of  regret,  the 
excitement  which  pervades  our  sister  State,  and  the  rash  and 
presumptuous  measures  to  which  it  has  led,  and  deprecating 
those  measures  as  utterly  inconsistent  with  the  spirit  of  forbear 
ance  and  compromise  in  which  our  Union  had  its  origin,  and 
by  a  perseverance  in  which  it  can  alone  be  maintained,  we  can 
not,  at  the  same  time,  forget  that  this  excitement,  this  disturb 
ance  of  the  public  tranquillity,  and  all  the  dangers  which  this 
unnatural  controversy  threatens  to  bring  upon  the  country,  have 
for  their  origin  and  moving  cause  the  policy  of  the  protective 
system.  Under  this  aspect  of  public  affairs,  it  has  seemed  to 
your  Committee  the  more  useful  course  to  respectfully  inter 
pose  the  voice  of  this  State  for  conciliation  and  forbearance. 
There  are  none  among  us  who  would  justify  the  untimely  and 
ruinous  resistance  which  South  Carolina  threatens  against  the 
existing  laws  of  the  United  States,  of  whose  injustice  she  com 
plains.  On  the  other  hand,  a  large  majority  of  the  citizens  of 
Maine  ever  have  entertained — they  still  entertain  the  most  un- 
doubting  convictions  of  the  impolicy  and  oppression  of  high 
protecting  duties. 

Under  these  circumstances,  and  with  these  views,  the  Com 
mittee  submit  the  following  Resolves. 

J.   WILLIAMSON,   Chairman, 


RESOLVES. 


Resolved,  That,  we  are  not  insensible  to  the  wrongs  and  suffer 
ings  of  our  brethren  of  South  Carolina,  under  the  unjust  and 
oppressive  burdens  imposed  upon  them  by  the  Tariffs  of  high 
protective  duties.  But  while  we  deplore  their  grievances,  and 
are  ready  to  unite  with  them  in  any  and  every  peaceful  and 
lawful  mode  of  redress,  we  cannot,  nor  will  we  give  our  coun 
tenance  or  support  to  their  projected  scheme  for  relief.  We 
regard  nullification  as  neither  a  safe,  peaceable,  or  constitu 
tional  remedy,  but  as  unsound  and  dangerous  in  theory  and  in 
practice,  tending  directly  to  civil  commotion,  disunion,  and  an 
archy.  We  implore  them  to  pause  in  their  precipitate  career, 
to  suspend  their  rash  and  revolutionary  measures,  and  trust  to 
that  redeeming  spirit  of  justice  which  is  a  ruling  characteristic 
of  the  American  people. 

Resolved,  That  the  acts  of  Congress,  usually  denominated 
Tariff  laws,  so  far  as  they  were  passed  palpably  and  solely  for 
the  purpose  of  protecting  and  fostering  particular  branches  of 
industry,  are  unequal  in  their  operation,  and  contrary  to  the 
spirit,  true  intent,  and  meaning  of  the  Federal  Compact. 

Resolved,  That  it  is  due  to  a  spirit  of  mutual  conciliation,  to 
the  demands  of  justice,  to  a  decent  respect  for  the  opinions  and 
interests  of  large  portions  of  the  community,  and  absolutely 
necessary  to  the  preservation  of  the  Union,  that  the  Tariff  laws 
should  be  gradually  (but  speedily)  abated  to  the  imposition  of 
such  duties  only  as  are  required  for. the  purpose  of  a  revenue 
sufficient  to  defray  the  ordinary  expenses  of  the  General  Gov 
ernment,  confined  to  its  appropriate  objects,  and  economically 
administered. 

Resolved,  That  we  heartily  approve  the  policy  and  measures 
of  President  Jackson's  administration,  and  in  the  present  diffi 
cult  and  threatening  aspect  of  public  affairs,  we  look  with  con 
fidence  to  the  patriotism,  vigilance,  and  firmness  of  our  Chief 


108 

Magistrate,  as  sure  pledges  that  all  his  efforts  will  be  directec 
to  preserve  unimpaired  the  union,  happiness,  and  glory  of  oui 
Republic. 

Resolved,  That  the  patriotic  spirit  and  tone  of  the  President's 
recent  Proclamation,  relating  to  the  extraordinary  proceedings 
of  South  Carolina,  meet  our  warmest  approbation  ;  and  we  ap 
prove  of  the  principles  and  policy  avowed  therein,  as  expound 
ed,  not  in  accordance  with  the  federal  doctrine  of  consolidation 
but  with  the  democratic  doctrine  of  State  rights,  and  a  limita 
tion  of  action  of  the  Federal  Government  to  the  powers  ex 
pressly  delegated  to  it  by  the  Constitution,  and  in  accordant 
with  the  several  messages  of  President  Jackson,  to  Congress 
and  the  uniform  tenor  of  the  acts  of  his  administration  5  and  ii 
support  of  all  constitutional  measures  adopted  by  him  to  pre 
serve  the  Union,  we  tender  him  our  undivided  support. 

Resolved,  That  the  Secretary  of  State  be,  and  hereby  is  direct 
ed  to  transmit  a  copy  of  these  Resolves,  with  the  Preamble,  t 
each  of  the  Representatives  in  Congress  from  this  State. 

Resolved,  That  the  Governor  be,  and  hereby  is  requested  t 
transmit  a  copy  of  these  Resolves,  with  the  Preamble  to  th 
Executive  of  each  of  the  other  States  of  this  Union,  and  th 
President  of  the  Senate  of  the  United  States. 

IN  THE  HOUSE  OF  REPRESENTATIVES,  February  18,  1833. 
Read  and  passed. 

NATHAN  CLIFFORD,  Speaker. 

IN  SENATE,  February  19,  1833. 
Read  and  passed. 

FRANCIS  O.  J.  SMITH,  President. 

February  20,  1 833. 

Approved. 

SAMUEL  E.  SMITH,  Governor. 

[A  true  copy.] 

Attest:— R.  G.  GREENE,  Secretary  of  State, 


RESOLVES 


OF    THE 


LEGISLATURE 


MASSACHUSETTS, 


of  Jtta00ac!)tt0*tt0. 


HOUSE  or  REPRESENTATIVES,  January  9,  1833. 

Ordered,  That  Messrs.  CROWNINSHIELD,  of  Boston, 
SHAW,  of  Lanesborough, 
LINCOLN,  of  Worcester, 
HOLMES,  of  Rochester,  and 
ROBINSON,  of  Marblehead, 

with  such  as  the  Senate  may  join,  be  a  Committee  to  consider 
so  much  of  the  Governor's  Address  as  relates  to  the  proceedings 
of  the  late  Convention  of  the  people  of  South  Carolina,  and  the 
purposes  and  policy  thereof,  and  also  the  Resolutions  of  the 
State  of  Pennsylvania  thereon  :  Sent  up  for  concurrence. 

L.  S.  CUSHING,   Clerk. 


IN  SENATE,  January  10th,  1833. 

Concurred,  and  Messrs.  Everett,  Hoar,  Barton  and  Burnell 
are  joined. 

CHAS.  CALHOUN,  Clerk. 


of 


IN  SENATE,  February  15,  1833. 

The  Joint  Select  Committee,  appointed  to  consider  so  much  of 
the  Governor's  Address  as  relates  to  the  proceedings  of  the 
late  Convention  of  the  people  of  South  Carolina,  and  the  pur 
poses  and  policy  thereof:  and  to  whom  have  been  referred 
Resolutions  of  the  States  of  Pennsylvania,  New  Hampshire, 
Illinois,  North  Carolina  and  Delaware  upon  that  subject,  have 
attended  to  the  duty  assigned  them,  and  beg  leave  to  submit 
the  following 

REPORT : 

IN  the  partial  Report  which  they  have  already  submitted,  the 
Committee  have  stated  in  general  terms  the  character  of  the 
proceedings  of  the  late  Convention  of  the  people  of  South  Car 
olina  ;  and  the  subject  is  now  so  familiar  to  the  public,  that  it 
does  not  seem  necessary  to  enter  very  fully  into  a  recapitulation 
of  facts.  It  is  generally  known  that  this  Convention,  which  ap 
pears  to  have  been  assembled  agreeably  to  the  forms  prescribed 
by  the  Constitution  of  the  State,  met  at  Columbia  on  the  22d  of 
last  November  : — that  almost  immediately  after,  and  with  very 
little  deliberation,  it  proceeded  to  pass  an  Act,  denominated  an 
Ordinance,  declaring  null  and  void  all  the  laws  of  the  United 
States  which  impose  duties  upon  the  importation  of  foreign 
goods,  particularly  those  of  the  19th  of  May,  1828,  and  the  14th 
of  June,  1S32;  prohibiting  the  execution  of  them  within  the 
State  of  South  Carolina,  and  making  it  the  duty  of  the  Legisla 
ture  to  pass  such  laws  as  should  be  necessary  to  give  full  effect 


113 

to  the  Ordinance,  and  to  prevent  the  enforcement  and  arrest  the 
execution  of  the  laws  aforesaid  : — that  the  Legislature,  at  a  ses 
sion  subsequent  to  the  meeting  of  this  Convention,  has  in  fact 
passed  certain  laws  for  these  purposes,  which  were  to  go  into 
operation  on  the  first  day  of  this  month,  and  which,  if  executed, 
must  bring  the  constituted  authorities  of  the  United  States  and 
of  South  Carolina,  into  open  collision. 

The  papers  in  the  hands  of  the  Committee  include  a  printed 
copy  of  this  Ordinance  of  the  Convention,  transmitted  by  its 
order  to  His  Excellency  the  Governor,  and  also  printed  copies 
of  a  long  report  of  the  committee  which  drafted  the  Ordinance, 
and  of  addresses  in  the  name  of  the  Convention  to  the  people  of 
the  United  States  and  of  South  Carolina.  These  documents  un 
dertake  to  justify  the  proceedings  of  the  Convention,  on  the 
ground  that  the  duties  on  the  importation  of  foreign  goods  were 
laid,  in  part  at  least,  for  the  purpose  of  protecting  domestic  indus 
try  :  that  the  General  Government  is  not  invested  by  the  Consti 
tution  with  the  power  of  laying  duties  for  this  purpose,  and  that, 
whenever  the  General  Government  assumes  powers  which,  in  the 
opinion  of  any  one  of  the  States,  are  not  given  to  it  by  the  Con 
stitution,  the  State  which  entertains  this  opinion  may,  without 
violating  the  Constitution,  declare  the  act  by  which  the  power 
so  assumed  has  been  exercised,  null  and  void,  and  prevent  the 
execution  of  it  within  its  limits.  It  also  appears  to  have  been 
supposed  by  the  Convention,  that,  on  the  adoption  of  such 
measures  by  any  one  State,  it  would  become  the  duty  of  the 
General  Government  to  suspend  the  execution  of  the  iaw  com 
plained  of,  at  least  within  the  limits  of  the  complaining  State, 
and  to  apply  to  the  people  in  the  form  prescribed  for  amending 
the  Constitution,  for  a  grant  of  the  power  supposed  to  have  been 
unconstitutionally  assumed  : — that,  if  the  power  should  on  this 
application  be  refused  by  the  people,  it  would  be  the  duty  of 
the  General  Government  definitively  to  repeal  the  law  by  which 
it  had  been  exercised,  and  that  if,  on  the  contrary,  it  should  be 
granted,  it  would  then  become  the  duty  of  the  complaining 
State  to  acquiesce.  There  seems,  however,  to  be  some  uncer 
tainty  in  the  views  of  this  part  of  the  subject  entertained  by  that 
portion  of  the  citizens  of  South  Carolina  upon  whom  the  respon 
sibility  for  the  semeasures  rests  :  as  the  Legislature  of  the  State, 
16 


114 

instead  of  leaving  it  to  the  General  Government  to  propose  to 
the  people  in  the  form  prescribed  for  amending  the  Constitution 
a  grant  of  the  power  of  laying  duties  upon  the  importation  of 
foreign  goods,  have  themselves,  at  their  late  session,  passed  res 
olutions,  proposing  to  the  other  States  to  hold  a  Convention  for 
the  purpose  of  settling  this  and  other  questions  which  they  con 
sider  as  doubtful. 

It  is  affirmed,  in  these  addresses  and  reports,  that  the  laws  of 
the  United  States,  imposing  duties  upon  the  importation  of 
foreign  goods,  thus  declared  to  be  null  and  void, are  exceedingly 
burthensome  and  oppressive  to  the  people  of  South  Carolina. — 
This  proposition  is  not  made  out  by  the  statement  of  any  facts 
which  tend  to  prove  the  existence  of  actual  distress ;  and  it  is 
remarkable  that  the  Governor  of  South  Carolina,  in  his  address 
to  the  Legislature,  at  the  opening  of  their  late  session,  congrat 
ulates  them  upon  the  extraordinary  prosperity  of  the  State.  The 
Convention  attempt  to  maintain  their  assertion  of  the  ruinous 
tendency  of  the  impost  laws,  by  laying  down  certain  abstract 
principles  in  political  economy,  which  are  very  paradoxical,  and 
as  the  Committee  believe,  entirely  erroneous.  It  is  unnecessary, 
however,  for  the  purpose  of  the  present  report,  to  enter  upon  a 
particular  examination  of  these  doctrines,  because  the  justifica 
tion  of  the  proceedings  of  South  Carolina  does  not,  after  all,  de 
pend  in  any  degree  upon  the  question  of  their  truth  or  falsehood. 
Whatever  oay  be  the  real  operation  of  the  impost  laws  upon  the 
peculiar  interests  of  that  State, — were  it  as  unfavorable  as  the 
Committee  believe  it  to  be  beneficial  arid  salutary,  it  is  admitted 
that  the  State  would  have  no  right  to  seek  redress  in  the  form  in 
which  it  is  now  sought,  unless  the  enactment  of  these  laws  in 
volve  an  assumption  by  the  General  Government  of  powers  not 
granted  by  the  Constitution.  No  abuse  of  constitutional  power, 
however  glaring  and  intolerable,  would  on  the  theory  of  the 
Convention,  justify  a  resort  to  nullification. 

The  question  of  the  real  operation  of  the  impost  laws  upon  the 
prosperity  of  South  Carolina,  may  therefore  be  laid  entirely  out 
of  the  case.  Nor,  although  the  justification  of  the  proceedings 
of  the  Convention  is  to  be  sought,  on  the  ground  taken  by  that 
body,  in  the  supposed  unconstitutional  character  of  these  laws, 
do  the  Committee  deem  it  important  for  the  present  purpose  to 


115 

inquire  particularly  how  far  this  supposition  is  well  founded. 
Entertaining,  themselves,  no  doubt  whatever,  that  the  power  of 
laying  duties  on  imported  foreign  goods,  with  a  view  to  any  ap 
propriation  of  them  which,  in  the  discretion  of  the  Government, 
may  be  required  by  the  common  defence  and  general  welfare,  is 
given  by  the  Constitution,  the  Committee  are  also  persuaded,  that 
were  this  a  doubtful  point,  or  were  it  even  conceded  that  the 
General  Government  has  no  such  power,  the  proceedings  of 
South  Carolina  would  not,  on  that  account,  be  any  the  more  de 
fensible.  The  objection  to  them  is,  that  they  propose  an  uncon 
stitutional  and  illegal  method  of  obtaining  relief  from  a  supposed 
political  grievance.  It  is  therefore  unnecessary  to  inquire, 
whether  this  grievance  be  real  or  imaginary,  since  the  objec 
tion,  if  substantiated,  is  equally  valid  in  either  contingency. 

Omitting,  therefore,  any  consideration  of  the  expediency  or 
constitutionality  of  the  laws  imposing  duties  on  imported  for 
eign  goods,  the  Committee  will  confine  themselves  to  the  single 
inquiry,  how  far  the  proceedings  of  the  Convention  of  South 
Carolina  are  consistent  with  the  Constitution  and  Laws  of  the 
Country  .p  Even  in  this  restricted  shape,  the  subject  is  far  too 
extensive  to  be  examined,  in  a  full  and  satisfactory  manner, 
within  the  limits  assigned  by  usage  to  a  document  of  this  kind. 
The  Committee  can  only  undertake  to  present  a  few  of  the 
considerations  that  bear  most  strongly  and  obviously  upon  the 
leading  points  of  the  argument. 

The  suggestion  that  would  probably  first  occur  to  an  impar 
tial  mind,  on  examining  the  account  of  these  proceedings,  is  the 
apparent  want  of  consistency  and  precision  in  the  reejoning  and 
conduct  of  the  Convention,  admitting  even  the  correctness  of 
the  general  principles  on  which  they  profess  to  act.  It  would 
be  natural  to  expect,  that  in  a  case  of  so  novel  a  character,  and 
of  such  extraordinary  interest  and  importance,  every  step  would 
be  carefully  guarded,  and  no  conclusions  drawn,  which  did  not 
follow,  in  the  strictest  manner,  from  their  supposed  premises. 
This,  however,  is  far  from  being  the  case.  The  Committee  have 
already  remarked  the  difference  between  the  theories  of  the 
Convention  and  the  Legislature,  as  to  the  second  step  in  the 
process  of  nullification.  While  the  Convention  appear  to  sup 
pose  that  after  a  State  has  annulled  an  act  of  Congress,  it  be- 


116 

comes  the  duty  of  the  General  Government  to  apply  to  the 
States  for  a  grant  of  the  disputed  power,  the  Legislature  have 
addressed  themselves  directly  to  the  States,  and  proposed  a  Con 
vention.     The  want  of  consistency  in  the  texture  of  the  Ordi 
nance,  is  not  less  apparent.     The  whole  reasoning  of  that  act, 
and  the  accompanying  papers,  supposes  that  the  right  of  a  State 
to  annul  an  act  of  Congress,  can  only  exist  in  the  case  of  an  as 
sumption  by  that  body,  of  powers  not  delegated  by  the  Consti 
tution  ;  and  for  the  purpose  of  bringing  the  impost  laws  within 
this  rule,  the  Convention  attempt,  at  great  length,  to  prove  that 
they  do,  in  fact,  involve  such  an  assumption.     Thus  far  their 
conduct,  if  not  justifiable,  is  consistent ;  but  after  first  annulling 
the  Tariff  laws,  the  Convention  proceed,  in  open  defiance  of 
their  own  rules  and  reasoning,  to  annul  an  important  provision 
of  another  law,  which  has  never  been  regarded  by  any  one  as 
unconstitutional,  and  which  the  Convention  themselves  do  not 
even  pretend  to  represent  as  being  so.     While  the  Judiciary 
law  gives  the  right  of  appeal   from  the  State  Courts  to   the 
United  States,  in  all  cases  involving  any  question  of  the  validity 
of  an  act  of  Congress,  the  Ordinance  prohibits  any  such  appeal 
in  all  cases  involving  any  question  of  the  validity  of  the  acts  of 
Congress  which  it  professes  to  annul.     This  is  done  without 
even  the  ceremony  of  affirming,  or  attempting  to  prove,  that 
this  provision  of  the  Judiciary  act  involves  an  assumption  of 
power  not  delegated  by  the  Constitution. 

This  feature  in  the  Ordinance  renders  it,  perhaps,  in  some 
degree,  superfluous  to  examine  the  reasoning  by  which  the  Con 
vention  undertake  to  justify  its  leading  provisions.  If  they  can 
venture  to  annul  one  act  of  Congress,  without  even  pretending 
to  assert  that  it  is  unconstitutional,  it  is  not  easy  to  see  why  they 
should  be  at  so  much  pains  to  make  this  out,  in  regard  to  an 
other,  before  they  subject  it  to  the  same  process  :  nor  does  it 
seem  to  be  very  necessary  to  inquire,  how  far  they  succeed  in 
establishing  this  proposition,  when  their  proceedings  so  clearly 
shew,  that  if  be  necessary  to  their  argument,  it  is  in  no  way 
necessary  to  their  action.  But  without  enlarging  upon  this  con 
sideration,  the  Committee  will  proceed  to  examine,  very  con 
cisely,  the  nature  of  the  reasoning  by  which  the  Convention 
undertake  to  prove,  that  any  one  State  has  a  right  to  annul  an 


117 

act  of  Congress,  which,  in  the  opinion  of  such  State,  involves  an 
assumption  of  power  not  delegated  by  the  Constitution.  The 
substance  of  the  argument  is  understood  to  be  as  follows  : 

The  Constitution  is  a  compcct  between  the  States,  which 
were,  at  the  time  of  forming  it,  and  are  now  distinct  communi 
ties,  politically  independent  of  each  other.  It  confers,  on  the 
General  Government,  certain  specific  powers,  and  the  assump 
tion  by  that  Government  of  any  power  not  so  delegated,  is  a 
breach  of  the  compact.  But  in  this,  as  in  all  other  cases  of 
compacts  or  treaties  between  independent  States,  a  breach  of 
the  compact  by  one  party,  exempts  the  rest  from  the  obligation 
they  were  under  to  observe  it ;  and  each  is,  of  course,  the  only 
judge  for  itself,  whether  the  compact  is  or  is  not  observed. 
Or,  in  still  more  concise  language  : 

The  States  were  independent  of  each  other  at  the  time  when 
they  formed  the  Constitution  ;  therefore  they  are  independent 
of  each  other  now. 

This  argument  appears  to  the  Committee  to  be  defective  in 
both  its  parts.  It  is  far  from  being  a  settled  and  acknowledged 
point,  that  the  States  can  fairly  be  considered  as  having  been 
absolutely  independent  of  each  other  at  the  time  when  the  pre 
sent  Constitution  was  formed  ;  and  if  this  were  even  admitted, 
it  would  by  no  means  follow,  that  they  possess,  and  may  exer 
cise  under  the  Constitution,  and  consistently  with  it,  the  rights 
belonging  to  mutually  and  absolutely  independent  States. 

1.  It  is  far  from  being  a  settled  point,  that  the  States  can 
fairly  be  considered  as  having  been  absolutely  independent  of 
each  other  at  the  time  when  the  Constitution  was  formed  and 
adopted.  It  is  well  known,  that  this  is  a  question  upon  which 
the  ablest  statesmen,  and  purest  patriots  in  the  country  have 
differed,  and  at  this  moment  continue  to  differ,  in  opinion.  The 
President  of  the  United  States,  in  his  late  Proclamation  upon 
the  subject  of  the  proceedings  of  South  Carolina,  expressed  his 
belief,  that  the  Acts  of  the  Union  which  preceded  the  Declara 
tion  of  Independence,  had  combined  the  States  into  ONE  PEO 
PLE,  and  that  it  was  in  their  joint  capacity  as  such,  that  they 
formed  the  Constitution.  His  predecessor  has  publicly  pro 
fessed  the  same  sentiment.  On  the  other  hand,  Presidents  Jef 
ferson  and  Madison,  with  various  other  citizens  of  the  highest 


118 

respectability,  many  of  whom  had  concurred  in  the  forming  of 
the  Constitution,  consider  the  States  as  having  been,  from  the 
time  of  the  Declaration  of  Independence,  until  the  adoption  of 
the  Constitution,  distinct  communities,  entirely  independent  of 
each  other. 

This  diversity  of  views,  among  individuals  of  equal  talent  and 
unsuspected  integrity,  will  not  appear  very  extraordinary,  when 
it  is  recollected  that  during  the  period  in  question,  the  country 
was  in  a  revolutionary  state.     Its  condition  was  analogous  to 
that  of  England  during  the  interval  between  the  overthrow  of 
the  arbitrary  government  of  the  Stuarts,  and  the  settlement  of 
the  Constitution  in  1688;  or  that  of  France,  between  the  de 
struction  of  the  old  monarchy  in  1789,  and  the  final  sanction  of 
the  present  charter,  after  the  three  great  days  of  July  1830.     In 
both  the  cases  alluded  to,  it  is  well  known,  that  political  institu 
tions,  of  various  and  opposite  characters,  rapidly  succeeded  each 
other,  and  that  neither  country  could  be  said,  with  propriety,  to 
possess  a  regular  and  settled  government.     They  were  in  a  state 
of  transition  from  one  form  of  political  existence  to  another,  and 
this  was  substantially  the  condition  of  the  United  States  from 
the  Declaration  of  Independence  until  the  adoption  of  the  Con 
stitution.     It  was  not  only  a  natural,  but,  as  the  Committee  con 
ceive,  a  necessary  result  of  this  condition,  that  political  events 
of  different  and  even  contradictory  characters,  should  success 
ively  occur,  and  that  individuals,  as  they  have  been  led,  by  cir 
cumstances,  to  attach  greater  or  less  importance  to  one  or  an 
other  of  these  events,  should  draw  different  conclusions  as  the 
existing  forms  of  government.     On  the  one  hand,  the  States 
acted,  for  many  purposes,  as  distinct  communities,  claiming  to 
be  politically  independent  of  each  other ;  while,  on  the  other 
hand,  they  organized  a  Union  among  themselves,  with  a  Con 
gress  of  Delegates  at  the  head  of  it,  who  exercised  most  of  the 
powers  of  a  General  Government.     It  would,  perhaps,  be  diffi 
cult  to  reconcile  all  the  acts  and  powers  of  Congress  and  the 
State  Governments  at  that  time,  with  any  consistent  and  precise 
political  theory  ;  and  the  failure  of  the  experiment  tends  to  con 
firm  the  opinion,  that  the  elements  which  entered  into  the  struc 
ture  of  the  old  confederacy,  were  incoherent  and  self-contra 
dictory.    The  Committee  are  inclined  to  believe,  as  they  have 


119 

already  remarked,  that  the  future  historian  will  consider  the 
whole  period  in  question  as  a  revolutionary  one,  and  the  form 
of  the  government  as  unsettled  and  fluctuating,  until  it  was  final 
ly  fixed,  for  the  first  time,  by  the  adoption  of  the  present  Con 
stitution. 

2.  But  the  Committee  deem  it  unnecessary  to  dwell  upon  this 
point,  since,  were  it  even  admitted  that  the  States,  at  the  time 
when  they  formed  the  Constitution,  were  distinct  communities, 
politically  independent  of  each  other,  it  would  by  no  means  fol 
low,  as  the  Convention  of  South  Carolina  appear  to  suppose, 
that  they  are  still  in  that  condition,  and  that  the  Union  is  a 
League  or  Confederacy  of  mutually  and  absolutely  independent 
States.  The  rights  and  obligations  of  the  parties  to  a  contract, 
are  determined  by  its  nature  and  terms,  and  not  by  their  condi 
tion  previously  to  its  conclusion.  As  respects  the  latter  point, 
the  only  question  is,  were  the  parties  legally,  or  in  cases  when 
they  are  not  subject  to  a  Common  Government,  morally  capable 
of  making  such  a  contract?  If  this  question  be  answered  in  the 
affirmative,  the  previous  condition  of  the  parties,  in  other  re 
spects,  is  immaterial  ;  and  in  order  to  ascertain  to  what  the  con 
tract  binds  them,  we  have  only  to  inquire  what  the  contract  is. 

Now  there  can  be  no  doubt,  that  independent  States  are  mor 
ally  as  capable  of  forming  themselves  into  a  body  politic,  as  in 
dependent  individuals.  A  great  proportion  of  the  political  so 
cieties  which  now  exist,  or  of  which  we  know  the  history,  were 
constituted  in  this  way.  Hence,  were  it  even  admitted,  that  the 
States  were  distinct  and  independent  communities  at  the  time 
when  they  framed  the  Constitution,  the  fact  would  no  more 
prove,  that  they  are  distinct  and  independent  communities  now, 
than  the  fact  that  the  two  parties  to  a  contract  of  marriage  were 
single  before  its  conclusion  goes  to  prove  that  they  are  single 
afterwards.  If  the  States  were,  at  the  time  when  they  framed 
the  Constitution.,  as  there  cannot  be  a  doubt,  morally  capable 
of  forming  a  contract,  involving  the  entire  surrender  of  their  po 
litical  independence,  it  is  quite  apparent  that,  in  order  to  ascertain 
their  rights  and  obligations  under  the  Constitution,  we  have  to 
look  exclusively  to  the  nature  and  terms  of  that  instrument, 
without  regard  to  the  mutual  relations  of  the  parties  before  they 
made  it. 


120 

Reposing  mainly,  as  has  been  said,  for  the  justificatkm  of 
their  proceedings,  upon  the  argument  that  the  States  were  in 
dependent  at  the  time  when  the  Constitution  was  adopted,  and 
must  therefore  of  course  be  independent  now,  the  Convention 
has  in  a  great  measure  lost  sight  of  the  course  of  reasoning 
which  is  proper  to  the  subject,  and  have  made  but  little  effort 
to  establish  their  doctrines,  by  reference  either  to  the  general 
nature  of  the  Constitution,  or  to  its  specific  provisions.  Some 
considerations  appertaining  to  this  branch  of  the  inquiry,  are 
however  to  be  found  in  their  publications,  and  to  them  the 
Committee  will  now  very  briefly  direct  their  attention. 

Of  these  considerations  the  most  important  is,  that  the  Gene 
ral  Government,  created  by  the  Constitution  of  the  United 
States,  is  a  Government  invested  with  specific  and  limited  pow 
ers,  having  no  general  and  indefinite  powers,  excepting  such  as 
are  necessary  to  carry  the  specified  ones  into  effect,  and  that  the 
powers  not  conferred  upon  the  General  Government  are  reserved 
to  the  States.  This  is,  no  doubt,  true  in  fact  :  but  that  it  was  not 
intended  in  making  this  arrangement,  to  maintain  the  States  in 
possession  of  an  absolute  political  independence,  with  a  right  of 
judging  for  themselves  when  the  General  Government  exceeds 
its  powers,  and  annulling  any  acts  involving  such  excess,  is  ap 
parent,  as  well  from  other  particular  provisions  of  the  Constitu 
tion,  as  from  the  general  scope  and  purpose  of  that  instrument. 

1.  In  all  cases  the  general  purpose  of  a  contract  is  one  of  the 
most  important  elements  to  be  taken  into  view  in  ascertaining 
the  rights  and  obligations  resulting  from  it,  because  the  general 
purpose  controls,  to  a  certain  extent,  the  construction  of  all  the 
particular  provisions.  It  would  be  absurd  to  interpret  any  par 
ticular  part  of  an  instrument  in  such  a  way  as  would  suppose  in 
the  parties  an  intention  manifestly  contrary  to  the  general  ob 
ject  of  the  whole  ;  as  for  example,  to  interpret  one  of  the  clauses 
in  a  contract  of  marriage  in  such  a  way  as  would  suppose  that 
it  was  the  intention  of  the  parties  to  remain  single.  Now  it  is 
quite  apparent  from  the  general  scope  and  purpose  of  the  Con 
stitution  of  the  United  States,  that  it  was  not  the  intention  of 
the  parties  who  framed  it,  whether  considered  in  their  joint  or 
individual  capacity,  to  retain  the  character  of  absolute  political 
independence.  It  is  one  of  that  class  of  agreements  commonly 


121 

denominated  social  compacts,  the  principal  object  of  which  is 
to  combine  the  parties  forming  them  into  one  body  politic,  or 
political  society,  under  a  common  Government.  This  is  appa 
rent  on  the  face  of  the  instrument.  'We,  the  people  of  the 
United  States,  in  order  to  form  a  more  perfect  Union,  establish 
justice,  ensure  domestic  tranquillity,  provide  for  the  common  de 
fence,  promote  the  general  welfare,  and  secure  the  blessings  of 
liberty  to  ourselves  and  our  posterity,  do  ordain  and  establish  this 
Constitution  for  the  United  States  of  America.'  That  such  isgthe 
general  scope  of  the  instrument  is  not  contested  by  the  warmest 
advocates  of  the  doctrines  maintained  by  the  Convention  of  South 
Carolina.  But  the  precise  object  which  the  parties  to  a  social 
compact  have  in  view  in  forming  themselves  into  one  political 
society,  is  to  terminate  the  relation  of  mutual  independence 
which  previously  existed  between  them.  If  the  contract  con 
tained  a  clause  providing  that  the  parties  should  retain  their 
political  independence,  it  would  be  self-contradictory  ;  and  to 
interpret  a  doubtful  passage  or  particular  provision  in  such  a 
a  way  as  to  attribute  to  the  parties  such  an  intention,  would,  as 
the  Committee  have  remarked,  involve  the  same  absurdity  as  to 
interpret  a  clause  in  a  marriage  contract  on  the  supposition  that 
the  parties  intended  to  remain  single.  It  is  of  the  essence  of  a 
social  compact  or  Constitution  of  Government,  that  the  parties 
to  it  surrender  their  absolute  political  independence,  and  be 
come  members  of  a  society  whose  will  is  admitted  to  be  the 
common  law.  To  declare  this  will,  agreeably  to  the  forms  pre 
scribed  in  the  Constitution, — in  other  words,  to  make  and  alter 
the  laws  as  occasion  may  require,  is  the  office  of  the  Govern 
ment.  No  individual  or  other  member  of  the  body  politic  can 
possibly  as  such,  exercise  the  power  of  making  or  annulling  the 
laws,  for  the  obvious  reason  that  laws  derive  their  character  as 
such,  from  being  the  acts  of  the  Government,  and  that  if  an  in 
dividual,  or  other  member  of  the  body  politic,  should  succeed  in 
giving  to  his  own  will  the  force  of  law,  that  is,  in  compelling 
the  society  to  obey  it,  he  would  at  the  same  time  cease  to  be  a 
citizen,  and  would  concentrate  in  his  own  hands  the  Govern 
ment  of  the  country.  In  some  extreme  cases  of  intolerable  op 
pression,  the  individual  and  other  members  of  the  body  politic 
are  justifiable  in  forcibly  opposing  the  execution  of  the  law  ;  but 
17 


122 

even  in  these  cases  there  is  no  claim  of  any  constitutional  or 
legal  right  to  repeal  or  annul  it.  The  claim  is  to  resist,  in  the 
exercise  of  the  natural  and  inalienable  right  of  self  defence,  the 
execution  of  what  is  admitted  at  the  time  to  be,  in  form,  at  least, 
a  law. 

2.  The  general  scope  and  objects  of  the  Constitution  pre 
clude  therefore  the  idea  that  it  was  the  intention  of  the  parties 
to  it  to  retain  their  absolute  political  independence,  or  that 
they  possess  any  right  under  it  to  annul  the  acts  of  the  General 
Government.  The  same  conclusions  result  with  equal  certainty 
from  a  view  of  its  particular  provisions.  Had  it  been  intended 
that  the  States  should  possess  the  important  power  of  annulling 
or  repealing  at  discretion  the  acts  of  the  General  Government, 
this  power  would  undoubtedly  have  been  given  to  them  in  ex 
press  terms.  It  is  not  even  pretended  that  the  Constitution  con 
tains  any  such  express  concession.  Not  only  is  there  no  express 
concession  to  this  effect,  but  the  idea  that,  any  thing  of  the  kind 
was  intended,  is  precluded  by  several  provisions  of  an  opposite 
character.  The  Constitution  gives  to  the  Supreme  Court  cog 
nizance  of  all  cases  arising  under  the  Constitution,  and  the  laws 
and  treaties  made  under  the  authority  of  the  United  States. — 
This  involves  the  right  of  deciding,  in  the  last  resort,  whether 
a  law  is  constitutional,  which  the  Carolina  doctrine  claims  for 
the  States.  The  Convention  have  accordingly  found  themselves 
under  the  necessity  of  annulling  the  section  of  the  judiciary  act 
by  which  provision  was  made  for  carrying  this  clause  of  the 
Constitution  into  effect  without  even  pretending  that  it  was  un 
constitutional.  Again  :  '  This  Constitution,  and  the  laws  and 
treaties  made  in  pursuance  of  it,  are  the  Supreme  Law  of  the 
land,  any  thing  in  the  Constitution  and  laws  of  any  State  to  the 
contrary  notwithstanding.'  By  this  provision,  any  act  of  a  State? 
whether  performed  in  its  sovereign  or  legislative  capacity,  pre 
tending  to  annul  an  act  of  the  General  Government,  is  declared 
in  advance  to  be  null  and  void.  As  respects  the  pretention 
that  the  States  retain  under  the  Constitution  their  absolute  po 
litical  independence,  it  may  be  remarked  that,  were  there  no 
other  objection  to  the  dectrine,  it  would  be  satisfactorily  refu 
ted  by  the  clause  which  regulates  the  form  of  making  amend 
ments.  It  is  there  provided  that  any  amendment  of  the  Con- 


123 

stitution  which  may  be  proposed  by  two  thirds  of  both  Houses 
of  Congress,  and  ratified  by  three  fourths  of  the  States,  shall  be 
binding  on  the  rest.  It  is  hardly  necessary  to  add,  that  a  com 
munity  which  is  not  only  bound  to  obey  laws  which  twenty 
three  other  communities  have  a  common  agency  in  making,  but 
which  is  bound  to  acquiesce  in  any  changes  in  the  form  of  the 
common  Government  that  may  be  proposed  by  a  certain  number 
of  these  other  communities,  can  have  no  claim  to  the  character 
of  absolute  independence. 

It  is  apparent  therefore,  as  well  from  the  general  objects  of 
the  Constitution  as  from  the  tenor  of  its  particular  provisions, 
that  it  was  not  the  intention  of  the  parties  who  formed  it  to  re 
tain  their  entire  independence,  or  to  exercise  the  power  of  an 
nulling  the  acts  of  the  General  Government  created  by  it.  The 
fact  that  the  Government  is  invested  with  specific  and  not  indefi 
nite  powers,  has  no  tendency  to  prove  the  existence  of  such  an 
intention,  and  has  in  fact  no  bearing  at  all  upon  the  subject. 
The  question  at  issue  is,  how  much  power  the  body  politic  of  the 
United  States  of  America  possesses  over  the  individual  States 
of  which  it  is  composed.  To  the  decision  of  this  question,  it  is 
obviously  quite  immaterial  whether  the  powers  attributed  by 
the  Constitution  to  the  General  Government,  are  definite  or  in 
definite.  These  are  exercised  upon  the  individual  citizen,  and 
not  upon  the  States,  and  neither  their  extent,  nor  the  mode  in 
which  they  are  determined,  can  have  any  effect  in  settling  the 
mutual  relations  between  the  States  and  the  United  States  of 
America.  The  powers  of  all  Governments  are  prescribed  and 
limited,  if  not  by  written  instruments,  at  least  by  usage  and  by 
the  moral  law.  When  they  transgress  the  limits  prescribed  for 
them,  the  people  cure  the  evil  either  by  a  change  in  the  admin 
istration  effected  in  consistency  with  the  forms  of  the  Constitu 
tion,  or  if  the  case  be  extreme,  by  recurring  to  the  natural  right 
of  violent  resistance  to  the  law.  When  the  powers  of  the  Gov 
ernment  are  defined  by  a  written  instrument,  an  attempt  at 
usurpation  is  more  likely  to  be  distinctly  seen  and  promptly  at 
tended  to.  But  no  new  remedy  is  created,  and  in  this,  as  in  all 
other  cases,  the  people  must  tolerate  the  existence  of  the  evil 
until  it  can  be  removed  by  the  silent  efficacy  of  the  ballot-box, 


124 

or  must  recur  at  once  to  forcible  resistance.  There  is,  and  can 
be  in  the  nature  of  things,  no  middle  path  between  these  two 
courses.  Every  attempt  to  prevent  by  force,  the  execution  of 
the  laws, — by  whatever  name  it  may  be  called, — is,  in  its  na 
ture,  revolutionary,  and  can  only  be  defended  by  such  consid 
erations  as  would  justify  an  act  of  rebellion. 

On  the  whole,  the  Committee  have  been  led  to  conclude  from 
the  best  consideration  which  they  have  been  able  to  give  to  the 
subject,  that  the  right  claimed  by  South  Carolina,  for  the  sev 
eral  States,  of  annulling  at  discretion  any  act  of  the  General 
Government  which    they   may   deem  unconstitutional,   has    no 
foundation  in  the  letter  or  spirit  of  the  Constitution,     Nor  is  it 
countenanced  in  any  degree  by  the  practice  under  that  instru 
ment.     For  nearly  half  a  century, .during  which  the  Government 
has  been  in  operation,  no  case  has  occurred  of  an  attempt  by  a 
State  to  annul  one  of  its  acts,  although  serious  discontents  have 
from  time  to  time  existed  in  different  quarters,  which  would  pro 
bably  have  led  to  the  adoption  of  such  a  course  had  it  been 
recognized  by  public  opinion  as  constitutional.     The  only  au 
thority  of  a  practical  kind  which  has  ever  been  adduced  in  sup 
port  of  it,  is  that  of  certain  Resolutions  adopted  by  the  State 
Legislatures  of  Virginia  and  Kentucky,  in   1798 — 9.     Were  it 
admitted  that  these  Resolutions  go  the  full  length  of  the  Caro 
lina  doctrine,  they  would  still   afford  no  actual  precedent,  and 
could  only  be  regarded  as  an  expression  of  the  opinion  tempo 
rarily  prevailing  in  the  Legislatures  of  these  two  States,  but 
never  even  by   them   reduced   to  practice.     These  celebrated 
Resolutions  have  however  been  recently  explained  in  reference 
to  this  very  question,  by  the  distinguished  Statesman  who  draft 
ed  one  set  of  them,  and  was  at  the  time  the  confidential  friend 
and   political   associate   of  the  author  of  the  other,  to  intend 
nothing  more  than  an  assertion,  in  strong  terms,  of  the  univer 
sally  acknowledged  right  of  constitutional  opposition  to  mea 
sures  regarded  as  oppressive,  and  in  extreme  cases,  of  forcible 
resistance.     This  explanation  of  his  own  intentions,  and  those 
of  his  immediate  political  friends,  of  course  settles  the  construc 
tion  to  be  put  upon  these  Resolutions,  and  removes  the  only 
shadow  of  practical  authority  and  precedent,  that  has  ever  been 
claimed  by  the  advocates  of  the  doctrine  of  Nullification. 


125 

As  this  doctrine  receives  no  countenance  from  the  theory  of 
the  Constitution,  or  the  practice  under  it,  it  is  the  less  necessary 
to  dwell  upon  its  practical  tendency,  a  topic  which  would  afford 
very  strong  corroborating  arguments  against  it,  if,  as  a  strict 
question  of  right,  it  could  be  considered  as  doubtful.  It  hardly 
requires  any  argument  to  shew  that  the  exercise,  by  each  of  the 
twenty-four  States,  of  a  right  to  annul,  at  discretion,  any  act  of 
the  General  Government  which  they  might  deem  unconstitu 
tional,  is  wholly  incompatible  with  a  consistent  and  settled  ad 
ministration  of  the  public  affairs.  Any  law  which  might  be  sup 
posed,  correctly  or  not,  to  operate  with  peculiar  hardship  upon 
a  particular  State,  would  naturally  appear,  under  the  excite 
ment  of  the  moment,  to  be  unconstitutional ;  and  as,  in  a  com 
munity  so  vast  as  ours,  there  can  hardly  ever  be  a  time  when  there 
is  not  some  law  which,  for  some  reason,  is  particularly  offensive 
to  some  one  State,  the  process  of  nullification,  if  once  recog 
nized,  would  be  constantly  going  on  in  one  quarter  or  another. 
Every  new  attempt  of  the  kind  would  shake  the  Government  to 
its  foundations,  and  it  would  not  probably  require  the  occur 
rence  of  many  to  reduce  our  happy  Union  to  a  state  of  dissolu 
tion,  more  complete  and  hopeless  than  even  that  of  the  Old 
Confederacy.  The  Committee  refrain  from  enlarging  upon 
these  results,  the  necessity  of  which  is,  however,  apparent,  to 
the  most  superficial  observation.  The  question  is  argued  by 
Carolina,  chiefly  as  one  of  mere  right;  and  the  answer  on  that 
ground  only,  is,  in  the  opinion  of  the  Committee,  so  clearly 
against  her,  that  it  would  be  needless  to  attempt  to  sustain  it  by 
any  considerations  of  mere  expediency. 

With  this  view  of  the  subject  referred  to  them,  and  under  a 
conviction  that  it  is  proper  and  expedient  that  the  opinion  of 
the  General  Court  of  this  Commonwealth  should  be  distinctly 
expressed  upon  it,  the  Committee  respectfully  submit  the  ac 
companying  Resolves,  which  embody  the  most  important  prin 
ciples  that  have  now  been  suggested. 

The  Committee  have  felt  a  very  deep  regret  at  finding  them 
selves  called  upon  to  express  opinions  unfavorable  to  the  pro 
ceedings  of  a  State  so  distinguished  in  the  annals  of  the  country, 
and  so  remarkable  for  the  lofty  and  generous  character  of  its 
sons  as  that  of  South  Carolina,  in  so  doing,  they  would  not  be 


126 

understood  to  impeach  the  motives  by  which  the  State  has  been 
governed,  or  to  intimate  that  it  has  been  actuated  by  any  other 
purpose,  than  that  of  procuring  relief  from  a  supposed  grievance. 
The  Committee  are  well  aware,  that  the  purest  patriots  and 
wisest  statesmen  may  be  led,  under  the  influence  of  mistaken 
views  and  excited  feelings,  into  very  dangerous  measures.  The 
present  proceedings  in  South  Carolina  are,  in  their  opinion,  of 
that  description.  But  the  Committee  indulge  a  confident  hope, 
that  by  the  exercise  of  the  necessary  firmness  and  discretion,  on 
the  part  of  the  General  Government,  the  danger  may  be  averted, 
and  that  South  Carolina  herself,  recovering  from  the  delusion 
under  which,  for  some  time  past  she  has  appeared  to  labor,  may 
continue  to  maintain  her  accustomed  place  among  the  most  en 
lightened  and  patriotic  States  in  the  Union. 

Before  concluding  their  Report,  the  Committee  deem  it  a  duty 
to  themselves  and  to  the  Legislature,  to  advert  very  briefly  to 
some  remarks  which  have  been  made  upon  the  tendency  of  the 
Resolves  accompanying  their  former  Report,  and  adopted  by 
the  almost  unanimous  vote  of  both  branches  of  the  General 
Court.  In  certain  quarters  of  high  respectability,  where  the 
Resolves  have  been  brought  under  discussion,  it  has  been  inti 
mated  that  they  favor  the  doctrine  of  Nullification,  because  they 
express  the  sentiment  that  the  Legislature  is  not  bound,  silently, 
to  acquiesce  in  measures  considered  by  them  as  subversive  of 
the  spirit  of  the  Constitution  ;  and  this  in  the  way  of  instruction 
to  the  delegation  of  the  Commonwealth  in  Congress,  for  the  pur 
pose  of  preventing  the  adoption  of  these  measures.  The  differ 
ence  between  a  proceeding  of  this  kind,  and  an  attempt  to  annul 
and  prevent  the  execution  of  existing  laws,  is  too  obvious  to  be 
overlooked.  That  the  General  Government  may  adopt  an  un 
constitutional  measure,  is  of  course  possible  ;  and  no  one  can 
doubt  that  any  portion  of  the  people  have  a  right,  in  an  orderly 
and  peaceable  manner,  to  express  their  opinion  upon  the  charac 
ter  of  any  of  the  measures  of  the  General  Government.  But 
when  this  is  done  in  advance,  for  the  purpose  not  of  denouncing 
an  existing  law,  but  of  preventing  a  threatened  mischief,  it  is 
not  easy  to  see  how  the  most  fastidious  judge  can  find  any  thing 
at  which  to  take  offence. 

But  were  it  even  true,  that  the  Legislature  of  this  Common- 


127 

wealth  had  expressed  the  intention  of  forcibly  resisting  the  ex 
ecution  of  an  unconstitutional  law,  it  would  not  therefore  follow, 
that  they  had  countenanced  the  doctrine  of  Nullification.  The 
right  of  forcible  resistance  to  the  laws,  in  cases  of  extreme  op 
pression,  is  undisputed.  If  such  a  case  should  ever  occur,  Mas 
sachusetts  will  openly  take  her  stand  upon  that  undisputed  and 
indefeasible  natural  right.  Nullification  undertakes  to  recon 
cile  resistance  with  submission ;  to  obey  and  break  the  law  at 
one  and  the  same  time.  It  must  be  justified,  if  at  all,  on  prin 
ciples  entirely  different  from  those  which  justify  the  natural 
right  of  resistance,  and  on  principles  which  have  never  been 
professed,  countenanced  or  practised  upon  by  the  Government 
or  people  of  this  Commonwealth. 

All  which  is  respectfully  submitted. 
For  the  Committee, 

A.  H.  EVERETT. 


RESOLVES 

In  relation  to  the  Proceedings   of  the  Convention    of  South 

Carolina. 

Whereas,  The  People  of  South  Carolina,  assembled  by  their 
Delegates  in  Convention,  have  recently  passsed  an  act,  denomi- 
ted  an  Ordinance,  purporting  to  annul  certain  acts  of  the  Gov 
ernment  of  the  United  States,  and  to  arrest  their  execution 
within  the  limits  of  that  State,  and  have  transmitted  a  copy  of 
the  same  to  His  Excellency  the  Governor,  witli  an  accompany 
ing  address  to  the  people  of  this  Commonwealth,  setting  forth 
the  reasons  by  which  they  justify  this  extraordinary  measure ; 
and 

Whereas,  It  is  important  that  the  opinion  of  the  General 
Court  of  this  Commonwealth  should  be  publicly  and  distinctly 
expressed  upon  those  proceedings,  in  order  that  their  silence 
may  not  be  construed  into  acquiescence  in  the  propriety  of  the 
same,  or  approbation  of  the  reasons  alleged  in  justification  of 
them :  therefore 

Resolved,  by  the  Senate  and  House  of  Representatives  of  the  Com 
monwealth  of  Massachusetts,  in  General  Court  assembled,  That  the 
Constitution  of  the  United  States  of  America,  is  a  solemn  Social 
Compact,  by  which  the  people  of  the  said  States,  in  order  to 
form  a  more  perfect  union,  establish  justice,  insure  domestic 
tranquillity,  provide  for  the  common  defence,  promote  the  gene 
ral  welfare,  and  secure  the  blessings  of  liberty  for  themselves 
and  their  posterity,  formed  themselves  into  one  body  politic, 
under  a  common  Government :  that  this  Constitution,  and  the 
laws  of  the  United  States  made  in  pursuance  thereof,  and  all 
treaties  made  under  the  authority  of  the  same,  are  the  supreme 
law  of  the  land,  any  thing  in  the  Constitution  or  laws  of  any 
State  to  the  contrary  notwithstanding :  and  that  no  citizen, 
State,  or  other  member  of  the  body  politic,  has  a  right  in  any 


129 

shape,  or  under  any  pretext,  to  annul  or  prevent  the  execution 
of  the  said  Constitution,  laws,  or  treaties,  or  any  of  them,  ex 
cepting  in  such  extreme  cases  as  justify  a  violent  resistance  to 
the  laws  on  the  principle  of  the  natural  and  indefeasible  prerog 
ative  of  self-defence  against  intolerable  oppression. 

Resolved,  That  the  right  claimed  by  the  Convention  of  South 
Carolina  for  that  State,  of  annulling  any  law  of  the  United 
States  which  it  may  deem  unconstitutional,  is  unauthorized  by 
the  letter  or  spirit  of  the  Constitution — not  supported  by  any 
contemporaneous  exposition  of  that  instrument,  or  by  the  prac 
tice  under  it : — inconsistent  with  the  nature  of  political  society, 
and  tending,  in  practice,  to  the  subversion  of  public  tranquillity, 
and  the  complete  overthrow  of  the  Government. 

Resolved,  That  the  President  of  the  United  States  is  empow 
ered,  and  in  duty  bound  by  the  express  provisions  of  the  Con 
stitution,  and  by  his  oath  of  office,  to  take  care  that  the  laws 
are  faithfully  executed  : — that  when  attempts  are  made  to  dis 
turb  by  force  the  execution  of  the  laws,  it  is  the  duty  of  the 
President  to  employ  the  means  which  are  placed  at  his  disposal 
by  the  Constitution  and  laws  for  the  purpose  of  defeating  them : 
that  the  Proclamation  of  the  10th  December  last,  is  a  judicious, 
well  timed  and  salutary  measure,  well  calculated  to  prevent  the 
necessity  of  recurring  to  others  of  a  different  character  : — that 
we  approve  the  determination  therein  expressed  by  the  Presi 
dent,  to  enforce  the  laws ;  and  that  we  are  prepared  to  support 
him  and  the  other  constituted  authorities  of  the  Union,  in  all  the 
necessary,  suitable,  constitutional  and  legal  measures,  which 
they  may  be  called  upon  to  adopt  for  that  purpose. 

Resolved,  That  while  we  find  ourselves  compelled  to  express 
an  unfavorable  opinion  of  the  recent  proceedings  of  South 
Carolina,  we  entertain  no  sentiments  of  unkindness  towards 
our  fellow  citizens  of  that  State  : — that  we  look  back  with 
pride  and  satisfaction  to  the  brilliant  services  rendered  by 
South  Carolina  in  the  struggle  for  Independence,  and  have  ever 
regarded  her  as  among  the  most  distinguished  members  of  the 
Union : — that  we  deeply  regret  that  measures  adopted  in  good 
faith,  and  in  a  strictly  constitutional  form,  by  the  constituted  au 
thorities  of  the  country,  should  have  been  considered  by  the 
people  of  that  State  as  intended  to  build  up  another  section  of 
18 


130 

the  Union  at  their  expense  : — that  we  are,  and  always  have  been 
ready  and  desirous  to  listen  in  a  sincere  spirit  of  conciliation  to 
any  propositions  for  changing,  in  a  constitutional  and  legal 
manner,  any  part  of  the  existing  legislation,  and  to  give  them  all 
the  attention  to  which  they  are  fairly  entitled : — and  that  we 
earnestly  entreat  our  brethren  and  fellow  citizens  of  South 
Carolina,  to  desist  from  the  irregular,  violent  and  uncon 
stitutional  attempts  to  obtain  redress  for  their  supposed  griev 
ances,  in  which  they  are  now  engaged,  the  result  of  which,  if 
further  pursued,  can  only  be  to  create  collision  between  the 
General  and  State  Governments,  endanger  the  public  tranquil 
lity,  and  seriously  compromise  the  safety  of  the  persons  imme 
diately  concerned  in  them. 

Resolved,  That  His  Excellency  the  Governor  be  requested  to 
transmit  a  copy  of  these  Resolves,  and  the  Report  preceding 
them,  to  the  President  of  the  United  States,  the  Governors  of  all 
the  States,  and  to  each  of  the  Senators  and  Representatives  of 
this  Commonwealth  in  Congress. 

IN  SENATE,  March  1,  1833. 
Read  twice,  and  passed. 

Sent  down  for  concurrence. 

B.  T.  PICKMAN,  President. 

HOUSE  OF  REPRESENTATIVES,  March  9,  1833. 
Read  twice,  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker. 

March  11,  1833. 
Approved. 

LEV!  LINCOLN. 


RESOLVES 


OF   THE 


LEGISLATURE 


NEW  YORK. 


REPORT. 


THE  right  claimed  by  the  State  of  South  Carolina,  to  make 
void  the  laws  of  the  United  States  within  her  territory,  is  so 
fully  set  forth  in  the  Ordinance  and  Documents  before  the  Leg 
islature,  and  so  well  understood,  that  a  precise  statement,  in 
this  report,  of  its  nature  and  extent,  would  be  superfluous. 

The  Committee  have  considered  the  claim,  thus  set  up,;  with 
the  attention  due  to  the  high  respectability  of  the  source  from 
which  it  emanated,  and  to  the  very  grave  consequences  that 
would  unavoidably  result  from  its  establishment;  and  they  con 
cur  with  the  Governor  in  regarding  it  as  a  pretension,  "not 
merely  unauthorized  by  the  Constitution  of  the  United  States 
but  fatally  repugnant  to  all  the  objects  for  which  it  was  framed." 

The  unfounded  nature  of  the  authority  asserted  by  South  Car 
olina,  has  been  so  clearly  demonstrated  in  the  Proclamation  of 
the  President  of  the  United  States,  which  has  been  published  by 
order  of  the  Legislature,  and  is  now  on  its  files ;  and  is  so  fully 
confirmed  by  the  concurring  opinions  of  the  people  of  every 
other  State  in  the  Union ;  that  it  cannot  be  necessary  that  the 
Committee  should  attempt  to  shed  any  additional  light  upon  a 
subject,  in  respect  to  which,  the  argument  may,  with  so  much 
truth,  be  said  to  be  exhausted. 

The  duty  of  the  President  to  exercise  the  authority  vested  in 

him  by  the  Constitution  and  laws  of  the  United  States;  to  en- 

rce  the  latter  in  the  State  of  South  Carolina,  notwithstanding 

the  unjustifiable  attempt  on  the  part  of  that  State  to  arrest  the 

due   execution   thereof,  is  obvious   and  imperative.     And  the 

>mmittee  are  well  satisfied  that  they  represent  truly  the  opin- 
ons  of  the  Government  and  People  of  the  State  of  New  York 

ien  they  reciprocate  the  assurance  given  by  the  Governor' 


134 

that  in  the  performance  of  that  great  and  responsible  duty,  by 
the  exercise  of  necessary  and  proper  means,  the  President  may 
count  on  their  support  and  co-operation. 

With  this  brief  statement  of  the  principal  matter  referred  to 
them,  the  Committee  would  prefer  to  leave  the  subject.  Con 
sidered  only  with  reference  to  the  present  aspect  of  the  affair, 
it  might  not  be  strictly  necessary  to  say  more  ;  and  they  depre 
cate  too  sincerely  the  asperities  which  usually  grow  out  of  di 
versities  of  opinion  upon  doctrinal  points,  not  to  be  anxious  to 
avoid  them  as  far  as  it  can  properly  be  done.  The  more  espe 
cially  are  they  impressed  with  the  propriety  of  such  a  course,  in 
reference  to  the  present  posture  of  our  public  affairs,  when  the 
hearts  and  minds  of  our  citizens  should  be  exclusively  directed 
to  the  measures  best  calculated  to  preserve  the  happy  union  of 
these  States  in  the  spirit  of  affection  and  brotherly  love  in  which 
it  was  established.  The  Committee  however,  are  too  well  ad 
vised  of  the  desire  of  the  Legislature  that  their  opinion  should 
be  distinctly  expressed  upon  some  points  of  deep  interest,  grow 
ing  out  of  the  assumptions  of  right  contained  in  the  Ordinance 
of  South, Carolina,  and  the  commentary  of  the  President  there 
on  in  his  recent  Proclamation  and  Message,  to  feel  themselves 
at  liberty  to  exercise  a  discretion  upon  the  subject. 

In  the  performance  of  the  duty  assigned  them,  they  will  sub 
mit  the  dictates  of  their  best  judgment,  in  that  spirit  of  liberal 
ity  and  forbearance  which,  under  any  circumstances,  it  would 
give  them  pleasure  to  cherish,  but  which,  under  those  that  now 
exist,  they  consider  it  a  sacred  duty  to  observe. 

They  believe  that  this  duty  cannot  be  better  discharged  than 
by  a  frank  and  explicit  avowal  of  the  principles  which,  in  their 
opinion,  ought  to  be  applied  to  the  construction  of  the  Consti 
tution  of  the  United  States,  and  to  control  in  that  respect  the 
administration  of  the  government  established  by  it.  They  re 
gard  it  the  more  important  to  do  so,  from  the  attempts  which 
have  been  made  to  bring  into  discredit  political  principles 
which  the  people  of  this  State  have  so  long  and  so  ardently 
cherished ;  and  upon  the  maintenance  of  which,  in  all  their  pu 
rity,  the  Committee  firmly  believe  the  safety  of  our  institutions, 
and  the  future  welfare  of  the  country,  mainly  depend.  The  re- 
assertion  of  those  principles  at  a  period  like  the  present,  when 


135 

there  is  reason  to  fear  that  they  may  suffer  from  misapprehen 
sion  or  misrepresentation,  is,  in  the  opinion  of  the  Committee,  a 
matter  of  paramount  obligation. 

There  is  no  reasonable  ground  to  doubt,  that  the  great  body 
of  the  American  people  are  fervently  attached  to  the  Union  of 
the  States,  and  sincerely  desirous  that  the  partition  and  limita 
tions  of  power  intended  to  be  established  by  the  Federal  Con 
stitution,  and  the  republican  principle  on  which  it  rests,  should 
be  preserved  inviolate.  They  have,  however,  greatly  differed 
as  to  the  most  effectual  and  least  exceptionable  means,  of  ef 
fecting  those  objects ;  and  as  to  the  true  source  of  the  dangers 
to  which  our  political  system  was  exposed. 

These  differences  arose  in  the  Convention  which  framed  the 
Constitution  ;  attended  every  step  of  its  formation  and  estab 
lishment,  and  have  never  ceased  to  exist.  Consolidation  on  the 
one  hand,  tending  to  monarchy  in  the  head,  and  on  the  other, 
anarchy,  consequent  upon  the  insubordination  and  resistance  of 
the  members,  were  the  evils  anticipated  at  its  formation,  and 
have  ever  since  been  dreaded  by  the  respective  parties. 

A  portion  of  the  people  believed,  that  unless  great  vigor  was 
imparted  to  the  Federal  arm,  it  would  not  be  able  to  sustain  it 
self  against  the  power  and  influence  of  the  States,  and  effect  the 
great  objects  which  all  desired  to  accomplish,  through  the  agency 
of  the  Federal  Government.  Others  supposed,  that  the  natural 
tendency  of  the  new  system  would  be  towards  consolidation  ; 
and  that  unless  the  powers  delegated  to  the  government,  thus 
created,  were  granted  with  a  sparing  hand,  scrupulously  and 
vigilantly  guarded,  and  the  remaining  powers  and  sovereignty 
of  the  States  amply  protected,  there  would  be  reason  to  appre 
hend  that  the  revolution  of  1776  would  be  shorn  of  its  honors 
and  its  benefits  ;  and  the  consequence  ultimately  would  be,  a 
return  to  that  form  of  government  which  had  been  thrown  off  at 
so  much  cost.  No  candid  and  intelligent  observer  can  have 
failed  to  witness  the  enduring  effects  of  these  early  differences, 
nor  be  ignorant  of  the  unceasing  influence  they  have  exercised 
on  public  affairs.  On  every  recurrence  to  the  conflicting  prin 
ciples  by  which  they  were  generated,  we  have  seen  on  the  one 
side,  a  strong  inclination  to  yield,  readily,  to  that  construction? 
and  to  that  course  of  measures,  which  might  best  serve  to 


136 

strengthen  the  Federal  Government,  and  extend  the  sphere  of 
its  action  ;  a  disposition  which  at  all  times,  but  with  various  suc 
cess,  has  been  resisted  by  those,  who  entertain  different  views, 
as  to  the  best  means  of  securing  the  efficacy  and  harmony,  and 
of  preserving  the  equilibrium  and  constant  stability  of  the  entire 
system.  It  is  not  the  intention  of  the  Committee  to  enter  into 
a  particular  consideration  of  the  reasons,  by  which  these  con 
flicting  opinions  are  respectively  sustained ;  nor  to  advert  to  them, 
farther  than  is  necessary  to  the  distinct  and  intelligible  expla 
nation  of  their  own  views,  upon  the  subject  referred  to  them. 

The  Committee  are  advocates  for  the  reserved  rights  of  the 
States,  and  a  strict  construction  of  the  Constitution  of  the  United 
States.  Experience  has,  they  think,  fully  demonstrated  the 
wisdom  of  the  determination  of  the  Convention  to  commit  to  the 
Federal  Government,  the  management  of  such  concerns  only,  as 
appertain  to  the  relations  of  the  States  with  each  other,  and  with 
foreign  nations,  and  certain  other  matters  particularly  enumera 
ted  in  the  Constitution  :  leaving  the  great  mass  of  the  business 
of  the  people,  relating  as  it  does  mainly  to  their  domestic  con 
cerns,  to  the  legislation  of  the  States.  They  were  wisely  re 
garded  as  the  safest  depositories  of  the  latter  powers.  This 
course  was  moreover  due  to  the  reserved  sovereignty  of  the 
States,  and  required  by  an  enlightened  estimate  of  the  dangers 
to  the  harmony  of  National  Legislation,  inseparable  from  the 
great  diversity  in  the  interests  and  conditions  of  the  different 
States.  A  sincere  adherence  to  this  partition  of  legislation 
amongst  the  respective  governments,  and  an  honest  and  inflexi 
ble  observance  of  the  specifications  and  restrictions  by  which  it 
was  defined,  in  the  sense  designed  by  the  Convention,  and  as 
understood  by  the  people  in  the  adoption  of  the  Constitution, 
are  in  the  best  judgment  of  the  Committee,  indispensably  ne 
cessary  to  its  preservation. 

Time,  and  the  course  of  events,  have  solved  the  great  prob 
lem  that  divided  the  Convention.  It  is  now  apparent  that  the 
tendency  of  the  system  is  to  encroachments  by  the  Federal 
Government  upon  the  reserved  rights  of  the  States,  rather  than 
to  an  unwillingness  on  the  part  of  the  States  to  submit  to  a  full 
exercise  of  the  powers  which  were  intended  to  be  delegated  to 
the  General  Government.  So  manifest  has  this  tendency  been 


137 

rendered  to  the  people  of  the  United  States,  that  at  several  in 
teresting  eras  in  our  history,  they  have  been  induced  by  the  ex 
cesses  to  which  it  led,  to  rise  in  their  strength,  and  drive  from 
power,  the  agents  employed  in  giving  it  effect.     Such  was  their 
course  in  the  memorable  civil  revolution  of  1800  :  and  the  same 
sovereign  remedy,  upon  the  same  impulse,  and,  it  is  hoped,  with 
similar  effect,  was  applied  by  the  people  in  1828.     Whilst  these 
scenes  have  passed  before  our  eyes,  and  stand   forth  upon  the 
page  of  our  history,  for  our  edification  and  security,  not  an  in 
stance  has  occurred  in  which  the  resistance  of  a  single  State,  to 
the  measures  of  the  Federal  Government,  has  excited  sufficient 
sympathy  or  countenance  from  her  sister  States,  to  afford  cause 
for  a  well  grounded  apprehension  of  detriment  to  the  Union,  by 
an  improper  combination  amongst  its  members.     Even  at  this 
critical  emergency  in  our  public  affairs,  when  so  much  discredit 
is  apprehended  to  the  sacred  cause  of  State  rights  from  the  ex 
cesses  of  South  Carolina,  the  confidence  of  the  Committee  in  the 
correctness  of  that  cause  is  strengthened  by  the  exemplary  con 
duct  of  her  sister  States.     When  we  witness  the  fervent  zeal  that 
pervades  them  all,  and  see  so  many  who  have  the  same  cause  of 
complaint  as  South  Carolina,  and  who  are  equally  solicitous  for 
a  redress  of  their  grievances,  rising  superior  to  local  interests, 
exhibiting  to  the  world  the  most  sublime  spectacle  of  devoted 
patriotism,  and  throwing  their  great  moral  and  physical  weight 
into  the  scale  of  the  Union,  who  can  doubt  that  now,  as  in  the 
late  war,  the  federal  arm,  in  the  hour  of  its  greatest  peril,  will 
be  upheld  by  the  State  authorities  ?     The  Committee  are  cheer 
ed  by  this  animating  indication  of  fidelity,  not  merely  because 
they  see  in  it  the  unequivocal  evidence   of  the   safety  of  that 
Union  which  they  so  highly  cherish,  but  on  account  of  the  fa 
vorable  influence  which  the  complete  establishment  of  the  prin 
ciples  to  which  they  have  avowed  their  attachment,  is  calcula 
ted  to  exercise  on  the  future  administration  of  this  government. 
In  "  the  support  of  the  State  governments  in  all  their  rights  as 
the  most  competent  administrators  of  our  domestic  concerns  and 
the  surest  bulwarks  against  anti-republican  tendencies :  and  the 
preservation  of  the  general  government  in  its   whole  constitu 
tional  vigor,  as  the  sheet-anchor  of  our  peace  at  home  and  safety 
abroad,"  the  Committee  recognize  the  highest  duties  of  every 
19 


138 

public  functionary ;  and  in  the  encouragement  derived  from  the 
approving  voice  of  a  virtuous  and  grateful  people,  the  best  se 
curity  for  their  faithful  performance. 

Of  the  deeply  interesting  questions  arising  upon  the  Ordi 
nance  and  other  documents  referred  to  the  Committee,  there  is 
none  of  more  immediate  importance,  than  the  claim  which  is 
advanced,  that  a  single  State  has  a  right  to  withdraw  herself, 
against  the  wishes  of  her  co-States,  from  the  Union,  whenever, 
in  her  sole  judgment,  the  acts  of  the  Federal  Government  shall 
be  such  as  to  justify  the  step. 

The  Committee  cannot  approve  this  doctrine.  Anxious  as 
they  are  to  sustain  the  sovereignty  of  the  States  in  its  full  force, 
they  do  not  feel  it  to  be  less  their  duty  to  "  preserve,"  in  the  lan 
guage  of  Mr.  Jefferson,  "the  General  Government,  in  its  whole 
constitutional  vigor."  There  is  no  conflict  of  duty  between 
these  sentiments  ;  so  far  from  it,  that,  in  the  opinion  of  the 
Committee,  no  man  can  be  a  good  citizen,  who  is  disloyal  to 
either.  No  apprehension  too  alarming,  can  be  entertained  as  to 
the  injurious  consequences  which  may  result  from  the  principles 
attempted  to  be  established.  The  Committee  have  witnessed, 
with  deep  regret,  that  an  impression  has  gone  abroad,  that  the 
assertion  of  this  right  was  embraced  in  the  proceedings  of  the 
Legislatures  of  Virginia  and  Kentucky,  in  1798  and  1799. 
Whatever  authority  there  may  be  for  the  right  of  secession,  it 
certainly  cannot,  in  the  opinion  of  the  Committee,  claim  any 
from  those  proceedings.  They  took  place  at  a  very  dark  and 
portentous  period  in  our  history  ;  when  the  encroachments  of 
the  Federal  Government,  and  the  general  temper  of  the  times 
had  filled  the  hearts  of  many  of  our  firmest  patriots  with  alarm. 

The  respect  of  the  people  of  this  State,  for  those  emanations 
of  lofty  and  devoted  patriotism,  is  at  this  day  as  great,  and  their 
devotion  to  the  principles  they  inculcated,  as  sincere  as  it  was 
in  1800.  And  the  Committee  cannot,  as  they  conceive,  render  a 
more  acceptable  service  to  the  Republic,  than  by  separating 
them  from  a  doctrine  which,  however  sincerely  it  may  be  enter 
tained  by  others,  is  rejected  by  our  citizens,  with  a  degree  of 
unanimity  heretofore  unknown  to  political  controversy.  A  very 
brief  exposition  of  the  nature  and  history  of  those  proceedings, 
is  all  that  is  essential  for  that  purpose.  The  portions  of  the 


139 

Virginia  Resolutions,  upon  the  alien  and  sedition  laws,  (and 
there  is  not,  in  this  respect,  sufficient  difference  between  them 
and  those  of  Kentucky,  to  make  the  separate  examination  of  each 
necessary)  from  which  such  a  deduction  is  attempted  to  be  made, 
are  in  the  following  words  : 

"  That  this  Assembly  doth  explicitly  and  peremptorily  declare, 
that  it  views  the  powers  of  the  Federal  Government,  as  resulting 
from  the  Compact,  to  which  the  States  are  parties,  as  limited  by 
the  plain  sense  and  intention  of  the  Instrument  constituting  that 
Compact ;  as  no  farther  valid  than  they  are  authorized  by  the 
grants  enumerated  in  that  Compact ;  and  that,  in  case  of  a  de 
liberate,  palpable  and  dangerous  exercise  of  other  powers,  not 
granted  by  the  said  Compact,  the  States  who  are  parties 
thereto,  have  a  right,  and  are  in  duty  bound,  to  interpose,  for 
arresting  the  progress  of  the  evil,  and  for  maintaining  within 
their  respective  limits,  the  authorities,  rights  and  liberties  ap 
pertaining  to  them." 

et  That  the  good  people  of  this  Commonwealth,  having  ever 
felt,  and  continuing  to  feel  the  most  sincere  affection  for  their 
brethren  of  other  States:  the  truest  anxiety  for  establishing  and 
perpetuating  the  union  of  all ;  and  the  most  scrupulous  fidelity 
to  that  Constitution  which  is  the  pledge  of  mutual  friendship, 
and  the  instrument  of  mutual  happiness  ;  the  General  Assembly 
doth  solemnly  appeal  to  the  like  dispositions  in  the  other  States, 
in  confidence  that  they  will  concur  with  this  Commonwealth  in 
declaring,  as  it  does  hereby  declare,  that  the  acts  aforesaid  are 
unconstitutional ;  and,  that  the  necessary  and  proper  measures 
will  be  taken  by  each,  for  co-operating  with  this  State  in  main 
taining  unimpaired,  the  authorities,  rights  and  liberties  reserved 
in  the  States  respectively,  or  to  the  people." 

These  resolutions  were  met  by  several  of  the  State  Legisla 
tures  to  whom  they  had  been  communicated,  by  counter  reso 
lutions,  protesting  against  them  with  much  warmth,  chiefly  on 
the  ground  that  the  act  of  a  State  Legislature,  declaring  a  law 
of  the  United  States  unconstitutional,  was,  in  itself,  an  unconsti 
tutional  assumption  of  authority,  and  an  unwarrantable  interfer- 
ance  with  the  exclusive  jurisdiction  of  the  Supreme  Court  of  the 
United  States  :  accompanied,  in  some  instances,  with  severe  de 
nunciations  against  their  disorganizing  tendency. 


140 

The  resolutions  of  the  protesting  States  were,  at  a  succeeding 
session  of  the  Virginia  Legislature,  referred  to  and  reported 
upon,  at  large,  by  a  Committee  of  that  body.  Their  report  was 
written  by  Mr  Madison,  and  led  to  a  re-affirmance  by  Virginia, 
of  the  unconstitutionally  of  the  alien  and  sedition  laws,  and  a 
re-assertion  of  the  doctrines  of  the  original  resolutions.  This 
masterly  exposition  of  the  true  principles  of  the  Constitution, 
and  of  the  abuses  which  had  been  practised  under  it,  contrib 
uted  more  than  any  event,  to  that  radical  change  in  the  public 
sentiment  of  the  country,  which  was  consummated  by  the  elec 
tion  of  Mr.  Jefferson,  and  has,  from  that  day  to  the  present,  been 
justly  regarded  as  the  genuine  text  book  of  political  orthodoxy. 
The  Committee  do,  unhesitatingly,  and  with  great  satisfaction, 
embrace  this  occasion  to  avow  their  decided  approbation  of  its 
doctrines ;  and  they  feel,  that  they  would  be  wanting  in  grati 
tude  and  duty,  if  they  were  not  to  express  their  conviction  of  the 
benefits  which  have  been  derived  from  their  influence  :  of  the 
extent  to  which,  in  their  opinion,  the  future  operations  of  our 
political  institutions  are  dependent  upon  the  continued  respect 
and  confidence  of  the  people  in  them :  as  well  as  their  unfeign 
ed  admiration  of  the  unsurpassed  disinterestedness  and  inflexi 
ble  fidelity,  with  which  those  doctrines  have,  through  evil  and 
through  good  report,  been  sustained  by  that  truly  patriotic 
member  of  the  confederacy. 

That  the  judicial  department  of  the  Federal  Government,  was 
the  exclusive  expositor  of  the  Constitution,  in  cases  submitted 
to  its  judgment,  in  the  last  resort,  was  freely  admitted.  But,  it 
was  contended  by  that  Committee — "  First,  that  there  may  be 
instances  of  usurped  power,  which  the  forms  of  the  Constitution 
would  never  draw  within  the  control  of  the  judicial  department : 
Secondly,  that  if  the  decision  of  the  judiciary  be  raised  above 
the  authorities  of  the  sovereign  parties  to  the  Constitution,  the 
decisions  of  the  other  departments  not  carried  by  the  forms  of 
the  Constitution  before  the  Judiciary,  must  be  equally  authorita 
tive  and  final  with  the  decisions  of  that  department.  That  the 
resolutions  of  the  General  Assembly,  related  to  those  great  and 
extraordinary  cases  in  which  all  the  forms  of  the  Constitution 
may  prove  ineffectual  against  infractions  dangerous  to  the  essen 
tial  rights  of  the  parties  to  it.  That  the  resort  to  the  judiciary 


141 

must  necessarily  be  deemed  the  last,  in  relation  to  the  authori 
ties  of  the  other  departments  of  the  Government :  not  in  rela 
tion  to  the  rights  of  the  parties  to  the  constitutional  compact, 
from  which  the  judicial  as  well  as  the  other  departments  hold 
their  delegated  trusts.  On  any  other  hypothesis,  the  delegation 
of  judicial  power  would  annul  the  authority  of  the  power  dele 
gating  it ;  and  the  concurrence  of  this  department  with  others 
in  usurped  powers,  might  subvert  forever,  and  beyond  the  pos 
sible  reach  of  any  rightful  remedy,  the  very  Constitution  which 
all  were  instituted  to  preserve."  That  "a  declaration  that  pro 
ceedings  of  the  Federal  Government  are  not  warranted  by  the 
Constitution,  was  a  novelty  neither  among  the  citizens  nor  the 
Legislatures  of  the  States ;" — "  nor  could  the  declarations  of 
either,  whether  affirming  or  denying  the  constitutionality  of  the 
measures  of  the  Federal  Government ;  or  whether  made  before 
or  after  judicial  decisions  thereon,  be  deemed  in  any  point  of 
view  an  assumption  of  the  office  of  a  judge.  The  declarations 
in  such  cases  are  expressions  of  opinion,  unaccompanied  with 
other  effect  than  what  they  may  produce  on  opinion  by  exciting 
reflection.  The  expositions  of  the  judiciary,  on  the  other  hand, 
are  carried  into  immediate  effect  by  force.  The  former  may  lead 
to  a  change  in  the  legislative  expression  of  the  general  will — 
possibly  to  a  change  in  the  opinion  of  the  judiciary."  Hence  it 
was  urged  that  there  was  no  impropriety  in  the  declaration  by 
the  Legislature  that  the  alien  and  sedition  laws  were  unconsti 
tutional  :  nor  was  there  any  valid  objection  to  the  communica 
tion  of  that  resolution  to  her  sister  States  ;  nor  in  the  invita 
tion  which  was  given  to  them  to  concur  therein  ;  nor  in  asking 
for  the  adoption  of  "  necessary  and  proper  measures  by  each, 
for  co-operating  with  her  in  maintaining  unimpaired  the  author- 
ties,  rights,  and  liberties  reserved  in  the  States  respectively,  or 
to  the  people." 

But  what  were  those  measures  which  the  Legislature  of  Vir 
ginia  deemed  "  necessary  and  proper"  to  meet  the  exigency  in 
the  affairs  of  the  country  so  truly  alarming  as  that  which  then 
existed,  and  to  which  their  proceedings  had  reference  ?  Was  it 
to  oppose,  by  State  authority,  the  regular  administration  of  jus 
tice  in  any  case  in  law  or  equity  committed  by  the  Constitution 


142 

to  the  Federal  Judiciary  ?  Did  they  relate  to  resistance  by  a 
member  of  the  confederacy,  to  the  execution  of  the  laws  of  the 
United  States,  passed  in  conformity  to  the  provisions  of  the  Con 
stitution  ;  or  embrace  the  revocation  by  a  State  of  the  powers 
which  had,  with  so  much  solemnity,  and  under  such  high  penal 
ties,  been  granted  by  the  people  of  the  respective  States  to  the 
Federal  Government  ?  Far,  very  far  from  it.  Anticipations  of 
this  character  were  entertained  when  those  resolutions  were 
under  discussion  in  the  Virginia  Legislature,  and  they  were  con 
sequently  denounced  as  the  harbinger  of  civil  commotion. 
These  denunciations  were  met  and  refuted  by  the  advocates  of 
the  resolutions,  not  only  after  they  had  been  submitted  to  the 
other  States,  but  when  they  were  first  submitted  to  the  Legisla 
ture  of  that  State.  They  were  introduced  by  John  Taylor,  of 
Caroline. 

In  reply  to  these  predictions,  he  said,  "  Suppose  a  clashing  of 
opinion  should  exist  between  Congress  and  the  States,  respect 
ing  the  true  limits  of  the  constitutional  territories,  it  was  easy  to 
see  that  if  the  right  of  decision  had  been  vested  in  either  party, 
that  party  deciding  in  the  spirit  and  interest  of  party,  would  in 
evitably  have  swallowed  up  the  other.  The  Constitution  must 
not  only  have  foreseen  the  possibility  of  such  a  clashing,  but 
also  the  consequence  of  a  preference  on  either  side  as  to  its  con 
struction  ;  and  out  of  this  foresight  must  have  arisen  the  fifth 
article,  by  which  two-thirds  of  Congress  may  call  upon  the 
States  for  an  explanation  of  any  such  controversy  as  the  present, 
by  way  of  amendment  to  the  Constitution,  and  thus  correct  an 
erroneous  construction  of  its  own  acts,  by  a  minority  of  the 
States  ;  whilst  two-thirds  of  the  States  are  also  allowed  to  com 
pel  Congress  to  call  a  convention,  in  case  so  many  should  think 
an  amendment  necessary,  for  the  purpose  of  checking  the  un 
constitutional  acts  of  that  body.  Thus,  so  far  as  Congress  may 
have  power,  it  might  exert  it  to  check  the  usurpations  of  a 
State,  and  so  far  as  the  States  may  possess  it,  an  union  of  two- 
thirds  in  one  opinion  might  effectually  check  the  usurpations  of 
Congress.  And  under  this  article  of  the  Constitution,  the  in 
controvertible  principle  before  stated  might  become  practically 
useful,  otherwise  no  remedy  did  exist  for  the  only  case  which 
could  possibly  destroy  the  Constitution,  namely,  an  encroach- 


143 

ment  by  Congress  or  the  States  upon  the  rights  of  the  other. 
*  *  *  *  Mrt  Taylor  then  proceeded  to  apply  these  observ 
ations  to  the  threats  of  war,  and  the  apprehension  of  civil 
commotion,  towards  which  the  resolutions  were  said  to  have  a 
tendency.  Are  the  republicans,  said  he,  possessed  of  fleets  and 
armies  ?  If  not,  to  what  could  they  appeal  for  defence  and  sup 
port?  To  nothing  except  public  opinion.  If  that  should  be 
against  them,  they  must  yield.  *  *  *  *  How  could  the 
fifth  article  of  the  Constitution  be  brought  into  practical  use, 
even  upon  the  most  flagrant  usurpations  ?  War  or  insurrection, 
therefore,  could  not  happen,"  &c.  *  "  Such,  how 

ever,  he  hoped  would  be  the  respect  to  public  opinion,  that  he 
doubted  not  but  that  the  two  reprobated  laws  would  be  sacri 
ficed,  to  quiet  the  apprehensions  even  of  a  single  State,  without 
the  necessity  of  a  convention  or  a  mandate  from  three-fourths  of 
the  States,  whenever  it  shall  be  admitted  that  the  quiet  and  hap 
piness  of  the  people  is  the  end  and  design  of  Government." 

Similar  sentiments  were  advanced  by  the  other  supporters  of 
the  resolutions.  Mr.  Mercer  said  "that  force  was  never  thought 
of  by  any  one.  The  preservation  of  the  Federal  Constitution, 
the  cement  of  the  Union,  with  its  original  powers,  was  the  ob 
ject  of  the  resolutions." 

But  all  pretence  for  misapprehension  or  misconstruction  upon 
this  head  is  put  at  rest  by  the  direct  explanations  of  the  Virginia 
Legislature,  in  the  report  which  was  made  and  received  their 
sanction  in  the  session  of  1799;  in  which,  in  relation  to  the 
means  referred  to  in  the  resolutions,  and  in  answer  to  the  objec 
tion  that  they  might  have  been  such  as  conflicted  with  the  order 
and  stability  of  the  Union,  they  say,  "In  the  example  given  by 
the  State,  of  declaring  the  alien  and  sedition  acts  to  be  uncon 
stitutional,  and  of  communicating  the  declaration  to  the  other 
States,  no  trace  of  improper  means  has  appeared.  And  if  the 
other  States  had  concurred  in  making  a  like  declaration,  sup 
ported  too  by  the  numerous  applications  flowing  immediately 
from  the  people,  it  can  scarcely  be  doubted,  that  these  simple 
means  would  have  been  as  sufficient  as  they  are  unexceptionable. 

"  It  is  no  less  certain  that  other  means  might  have  been  em 
ployed  which  are  strictly  within  the  limits  of  the  Constitution. 
The  Legislatures  of  the  States  might  have  made  a  direct  repre- 


144 

sentation  to  Congress,  with  a  view  to  obtain  a  rescinding  of  the 
two  offensive  acts  ;  or  they  might  have  represented  to  their  re 
spective  Senators  in  Congress  their  wish  that  two-thirds  thereof 
would  propose  an  explanatory  amendment  to  the  Constitution; 
or  two-thirds  of  themselves,  if  such  had  been  their  option, 
might,  by  an  application  to  Congress,  have  obtained  a  conven 
tion  for  the  same  object. 

"  These  several  means,  though  not  equally  eligible  in  them 
selves,  nor  probably  to  the  States,  were  all  constitutionally  open 
for  consideration.  And  if  the  General  Assembly,  after  declaring 
the  two  acts  to  be  unconstitutional,  the  first  and  most  obvious 
proceeding  on  the  subject,  did  not  undertake  to  point  out  to  the 
other  States  a  choice  among  the  farther  measures  that  might 
become  necessary  and  proper,  the  reserve  will  not  be  miscon 
strued  by  liberal  minds  into  any  culpable  imputation." 

Such  was  the  understanding  of  the  import  and  the  intent  of 
the  resolutions  by  him  who  introduced  them  ;  by  those  who  sup 
ported  them  ;  by  the  Committee  to  which  they  were  at  a  subse 
quent  session  referred  ;  and  by  the  Legislature  which  adopted 
their  exposition. 

It  is  a  matter  of  undoubted  historical  fact,  that  the  Virginia 
resolutions  were  drawn  up  by  Mr,  Madison,  and  those  of  Ken 
tucky  by  Mr.  Jefferson. 

In  the  dispensation  of  an  all-wise  Providence,  Mr.  Madison's 
useful  and  brilliant  life  has  been  prolonged  to  this  late  period  of 
existence.  He  has  borne  his  testimony  against  the  justice  of  any 
of  the  inferences  which  the  Committee  have  felt  it  their  duty  to 
repel  ;  and  they  are  unadvised  of  any  act  or  declaration  of  Mr. 
Jefferson,  who,  in  the  confidence  and  affections  of  his  fellow 
citizens,  was  only  second  to  the  Father  of  his  Country,  which 
conflicts  with  the  known  views  of  his  great  coadjutor.  The 
Committee  are  well  aware  that  the  advocates  of  nullification 
have  attempted  to  sustain  that  doctrine  by  expressions  contained 
in  an  unpromulgated  draft  of  the  Kentucky  resolutions  found 
among  his  papers,  in  which  is  set  forth  the  right  of  a  State  to 
nullify  an  act  of  Congress,  passed  in  respect  to  a  subject  upon 
which  its  action  is  expressly  inhibited,  or  upon  which  it  had  no 
authority  to  legislate  at  all.  A  suggestion  which,  if  it  were  pos 
sible  to  make  a  paper  so  circumstanced  whenever  it  may  be 


145 

found,  the  basis  of  so  solemn  an  act,  is  clearly  inapplicable  to 
the  case  under  consideration,  inasmuch  as  it  expressly  declares, 
that  for  "an  abuse  of  delegated  power,"  (the  most  that  could  by 
possibility  be  made  of  the  revenue  laws)  "the  members  of  the 
General  Government  being  chosen  by  the  people,  a  change  by 
the  people  would  be  the  Constitutional  remedy."  But  the  pub 
lished  writings  of  that  great  man  are  replete  with  the  evidences 
of  his  avowed  opinions,  inconsistent  with  the  supposition  that 
he  believed  in  the  right  of  a  single  State  either  to  make  consti 
tutional  resistance  to  the  laws  of  the  United  States  or  to  dissolve 
the  Union  by  withdrawing  herself  from  it,  when  in  her  sole 
judgment,  the  circumstances  were  sufficient  to  justify  the  act. 

In  a  letter  to  Mr.  Destutt  Tracy,  in  January,  1811,  he  says, 
"Dangers  of  another  kind  might  more  reasonably  be  apprehend 
ed  from  this  perfect  and  distinct  organization,  civil  and  military, 
of  the  States,  to  wit:  that  certain  States  from  local  and  occa 
sional  discontents,  might  attempt  to  secede  from  the  Union. 
This  is  certainly  possible  ;  and  would  be  befriended  by  this 
regular  organization.  But  it  is  not  probable  that  local  discon 
tents  can  spread  to  such  an  extent  as  to  be  able  to  face  the 
sound  parts  of  so  extensive  a  Union — and  if  ever  they  should 
reach  the  majority,  they  would  then  become  the  regular  govern 
ment,  acquire  ascendency  in  Congress,  and  be  able  to  redress 
their  own  grievances  by  laws  peaceably  and  constitutionally 
passed." 

In  a  letter  to  Elbridge  Gerry,  of  January,  1812,  he  uses  these 
significant  and  emphatic  expressions  : — "What,  then,  does  this 
English  faction  with  you  mean  ?  Their  newspapers  say  rebel 
lion,  and  that  they  will  not  remain  united  with  us,  unless  we 
will  permit  them  to  govern  the  majority.  If  this  be  their  pur 
pose,  their  anti-republican  spirit,  it  ought  to  be  met  at  once. 
But  a  government  like  ours  should  be  slow  in  believing  this, 
should  put  forth  its  whole  might  when  necessary  to  suppress  it, 
and  promptly  return  to  the  paths  of  reconciliation.  The  extent 
of  our  country  secures  it,  I  hope,  from  the  vindictive  passions  of 
the  petty  incorporations  of  Greece.  I  rather  suspect  that  the 
principal  office  of  the  other  seventeen  States,  will  be  to  mode 
rate  and  restrain  the  local  excitement  of  our  friends  with  you, 
20 


146 

when  they  (with  the  aid  of  their  brethren  of  the  other  States, 
if  they  need  it,)  shall  have  brought  the  rebellious  to  their  feet." 

In  a  letter  to  Major  John  Cartwright,  as  late  as  June,  1824,  he 
says,  "But,  you  may  ask,  if  the  two  departments,  (meaning  the 
General  and  State  Governments,)  should  claim  each  the  same 
subject  of  power,  where  is  the  common  umpire  to  decide  ulti 
mately  between  them  ?  In  cases  of  little  importance  or  urgency, 
the  prudence  of  both  parties  will  keep  them  aloof  from  the 
questionable  ground  ;  but  if  it  can  neither  be  avoided  nor  com 
promised,  a  convention  of  the  States  must  be  called,  to  ascribe  the 
doubtful  power  to  that  department  which  they  may  think  best. 
You  will  perceive  by  these  details,  that  we  have  not  yet  so  far 
perfected  our  Constitutions  as  to  venture  to  make  them  un 
changeable.  But  still,  in  their  present  state,  we  consider  them 
not  otherwise  changeable  than  by  the  authority  of  the  people, 
on  a  special  election  of  representatives  for  that  purpose  express 
ly  :  They  are  until  then  the  lex  legum." 

The  Committee  have  felt  it  their  duty  to  say  thus  much,  in 
order  to  separate  the  doctrines  of  1798,  from  the  principle  now 
in  question.  So  far,  at  least,  as  they  are  contained  in  and  de 
pend  on  documents  which  deserve  to  be  held  in  respectful  re 
membrance  whilst  the  Constitution  endures. 

Neither  do  the  Committee  concur  in  the  opinion  that  the 
right  of  secession  necessarily  results  from  the  sovereignty  of  the 
States.  It  appears  to  the  Committee,  and  they  express  their 
views  with  unfeigned  deference  to  the  highly  respectable  opin 
ions  of  those  who  differ  with  them,  that  this  impression  arises 
from  erroneously  regarding  the  sovereignty  of  the  respective 
States  as  unqualified,  and  the  association  a  mere  confederacy  of 
free  and  sovereign  States.  If  such  were  the  case,  if  the  union 
were  a  mere  league,  the  result  contended  for  might  follow  ;  but 
the  Committee  do  not  so  understand  the  system.  The  States, 
on  the  contrary,  as  it  was  competent  for  the  people  of  each,  act 
ing  in  their  highest  sovereign  character,  have  voluntarily  estab 
lished,  by  express  grant,  a  sovereignty  in  some  respects  concur 
rent  with,  and  in  other  respects  superior  to,  their  own.  This 
authority  thus  established,  though  founded  on  a  compact,  is  nev 
ertheless  a  government  which  is  made  by  that  compact  sovereign 
and  independent  as  to  the  powers  granted  to  it,  in  the  same 


147 

manner  as  the  States  are  sovereign  and  independent  as  to  powers 
not  granted.  The  people  of  the  respective  States  have  stipula 
ted  that  their  legislatures,  and  all  their  executive  and  judicial 
officers,  shall  be  bound  by  oath  or  affirmation  to  support  the 
Constitution  of  that  government.  For  a  breach  of  their  allegi 
ance  to  it,  they  have  voluntarily  subjected  themselves  to  the 
highest  penalties  known  to  human  laws;  and  to  maintain  its 
sovereignty,  they  have  invested  this  government  of  their  own 
creation  with  the  purse  and  sword  of  the  nation.  The  faithful 
performance  of  this  contract  is  certainly  matter  of  high  obliga 
tion  on  all  the  parties  to  it ;  and  no  condemnatien  by  the  people 
can  be  too  severe  upon  such  as  are  so  lost  to  the  obligation 
under  which  they  rest,  to  each  other,  to  the  people,  and  to  the 
cause  of  free  government  throughout  the  world,  as  to  be  guilty 
of  its  intentional  violation.  But,  of  the  fact  and  consequences 
of  such  a  breach,  in  cases  where  no  other  umpire  has  been  de 
signated,  it  is  the  right  of  each  party  to  judge  for  itself;  not  for 
the  Federal  Government  exclusively,  as  was  contended  by  the 
States  which  protested  against  the  Virginia  and  Kentucky  res 
olutions  in  1799  ;  nor  for  each  State  solely,  as  is  now  contend 
ed.  No  right  is  reserved  to  the  people  of  any  State  to  absolve 
themselves  from  the  performance  of  duties  which  they  have  so 
solemnly  assumed,  without  the  consent  of  the  other  party  or  par 
ties  to  the  compact.  Each  State,  on  surrendering  a  portion  of 
its  sovereignty,  acquired,  in  consequence  thereof,  a  right  to  the 
perpetual  adherence  of  each  of  its  co-States  to  that  Union  which 
is  so  necessary  to,  and  was  established  for,  the  security  of  all. 

The  articles  of  Confederation  abound  with  declarations  that 
the  Union  then  formed  should  be  perpetual ;  and  the  present 
Constitution  was  established  for  the  avowed  purpose  of  making 
it  more  perfect.  New  York  entered  into  the  formation  of  it  ex 
pressly  "  to  render  the  Federal  Constitution  adequate  to  the  exi 
gencies  of  the  Government,  and  the  preservation  of  the  Union." 
Deficient,  indeed,  would  have  been  the  work  which  came  from 
the  hands  of  those  great  men  who  framed  the  Constitution,  the 
final  adoption  of  which  was  hailed  with  so  much  joy  by  the  peo 
ple,  if  it  thus  contained  the  elements  of  its  own  destruction. 

When  a  State  shall  attempt  to  withdraw  herself  from  the  Con 
federacy,  it  is  for  her  co-States  to  decide  whether  they  wilt  re- 


148 

linquish  the  rights  which  they  acquired  when  they  surrendered 
a  portion  of  their  sovereignty — consent  to  a  dissolution,  and  en 
deavor  to  establish  a  new  Government ;  or  whether  they  will 
insist  on  the  preservation  of  the  Union  as  it  is.  Without  the 
recognition  of  this  right,  the  Union  could  not  have  existed  to  the 
present  day.  Strip  the  States  of  this  right,  and  a  system  which 
but  yesterday  excited  the  respect  and  admiration  of  the  world, 
must  soon,  very  soon,  serve  only  as  an  additional  argument  in 
the  mouths  of  monarchists  and  absolutists  against  the  capacity 
of  man  for  self-government. 

Let  it  not,  however,  be  supposed  that  the  Committee  are  the 
advocates  of  unconditional  submission.  Such  are  not  their 
views.  They  concur  fully  in  the  sentiment,  "  that  the  authority 
of  constitutions  over  governments,  and  of  the  sovereignty  of  the 
people  over  constitutions,  are  truths  which  are  at  all  times  neces 
sary  to  be  kept  in  mind."  Or,  in  the  language  of  our  own 
State,  "  that  the  powers  of  Government  may  be  re-assumed  by 
the  people,  whenever  it  shall  become  necessary  to  their  happi 
ness."  In  respect  to  State  governments,  this  control  can  be 
constitutionally  exercised  by  a  bare  majority  of  the  people  ;  and 
in  the  Federal  Government,  by  a  specified  number  of  the  States. 
But  this  is  not  the  only  mode  by  which  the  people  can  redress 
intolerable  grievances.  There  is  another,  which  cannot  be  bet 
ter  described  than  has  been  done  by  Mr.  Madison.  "  And  in 
the  event  (says  he)  of  the  failure  of  every  constitutional  resort, 
and  an  accumulation  of  usurpations  and  abuses,  rendering  pass 
ive  obedience  and  non-resistance  a  greater  evil  than  resistance 
and  revolution,  there  can  remain  but  one  resort,  the  last  of  all — 
an  appeal  from  the  cancelled  obligations  of  the  compact,  to 
original  rights  and  the  law  of  self-preservation.  This  is  the  ultima 
ratio  under  all  governments,  whether  consolidated,  confederated, 
or  a  compound  of  both.  And  it  cannot  be  doubted  that  a  single 
member  of  the  Union,  in  the  extremity  supposed,  but  in  that 
only,  would  have  a  right,  as  an  extra  and  ultra-constitutional 
right,  to  make  the  appeal." 

It  was  to  this  species  of  separation,  which  God  in  his  infinite 
mercy  avert !  that  the  Committee  understand  Mr.  Jefferson  as 
referring,  when  he  alluded  to  the  farther  measure  of  redress 
which  might  be  resorted  to  in  extreme  cases,  and  spoke  of  Vir- 


149 

ginia's  "  standing  by  her  arms."  It  was  this  great  calamity  that 
he  sought  to  avoid,  when  he  so  eloquently  and  feelingly  invoked 
his  native  State  never  to  think  of  it,  until  the  sole  alternatives 
left,  were  a  dissolution  of  the  Union,  or  submission  to  a  Gov 
ernment,  without  limitation  or  power. 

The  history  given  by  the  President,  of  the  formation  of  our 
Government,  has  drawn  forth  conflicting  opinions  in  respect  to 
its  accuracy ;  and  lest  the  Committee  might  be  regarded  as  hav 
ing  omitted  any  portion  of  their  duties,  they  will,  upon  this  sub 
ject,  also,  with  deference  to  the  views  of  others,  but  frankly 
state  their  own. 

The  character  of  our  Government,  so  far  as  that  is  effected  by 
the  manner  in  which  the  Federal  Constitution  was  framed  and 
adopted,  has  been  always  a  matter  of  more  or  less  contention. 
Differences  of  opinion  upon  the  subject,  have  been  in  some  de 
gree  fostered  by  a  seeming  discrepancy  between  the  preamble 
of  the  Constitution,  and  historical  facts ;  and  perhaps  in  a  still 
greater  degree,  by  the  different  senses  in  which  the  term 
"  States,"  is  used  by  different  persons.  If  we  use  that  term,  not 
merely  as  denoting  particular  sections  of  territory,  nor  as  refer 
ring  to  the  particular  governments,  established  and  organized 
by  the  political  societies  within  each,  but  as  referring  to  the 
people  composing  those  political  societies,  in  their  highest  sove 
reign  capacity  (as  the  Committee  think  that  in  this  respect  the 
term  should  be  used)  it  is  incontrovertible,  that  the  States  must 
be  regared  as  parties  to  the  compact.  For  it  is  well  establish 
ed,  that,  in  that  sense,  the  Constitution  was  submitted  to  the 
States  ;  that  in  that  sense,  the  States  ratified  it.  This  is  the  ex 
planation  which  is  given  of  the  matter  in  the  report  to  the  Vir 
ginia  Legislature,  which  has  already  received  the  sanction  of 
the  Committee.  It  is  in  this  sense  of  the  term  "  States,"  that 
they  form  the  constituency  from  which  the  Federal  Constitution 
emanated,  and  it  is  by  the  States,  acting  either  by  their  Legis 
latures,  or  in  Convention,  that  any  valid  alterations  of  the  in 
strument  can  alone  be  made.  It  is  by  so  understanding  the 
subject,  that  the  preamble  is  reconciled  with  facts,  and  that  it  is 
a  Constitution  established  by  "the  people  of  the  United  States," 
not  as  one  consolidated  body,  but  as  members  of  separate  and 
independent  communities,  each  acting  for  itself,  without  regard 


150 

to  their  comparative  numbers.  It  was  in  this  form  that  the  Con 
stitution  of  the  United  States  was  established  by  the  people  of 
the  different  States,  with  the  same  solemnity  that  the  Constitu 
tions  of  the  respective  States  were  established  ;  and,  as  the 
Committee  have  heretofore  insisted,  with  the  same  binding  force 
in  respect  to  the  powers  which  were  intended  to  be  delegated 
to  the  Federal  Government.  The  effects  which  are  likely  to  be 
produced  by  the  adoption  of  either  of  the  different  versions  of 
the  Constitution,  which  have  at  different  times  been  contended 
for,  it  is  not  the  intention  of  the  Committee  to  discuss.  The 
positive  provisions  and  restrictions  of  that  instrument,  could  not 
be  directly  abrogated  by  the  recognition  of  either.  The  com 
parative  weight  and  influence  which  would  be  attached  to 
the  allegations  and  remonstrances  of  the  States,  in  respect  to  the 
supposed  infractions  of  the  Compact,  might,  however,  be  very 
different,  whether  they  are  regarded  as  sovereign  parties  of  the 
Compact,  acting  upon  their  reserved  rights,  or  as  forming  only 
indiscriminate  portions  of  the  great  body  of  the  people  of  the 
United  States,  thus  giving  a  preponderence  to  mere  numbers,  in 
compatible  with  the  frame  and  design  of  the  Federal  Consti 
tution. 

The  diversities  of  opinion  which  have  arisen  upon  this  sub 
ject,  have  been  more  or  less  injurious  according  to  their  influ 
ence  in  inclining  or  disinclining  the  minds  of  those  who  enter 
tain  them,  to  a  faithful  observance  of  the  landmarks  of  authority 
between  the  respective  Governments.  Professions  are  easily 
made  ;  and  the  best  evidence  of  a  correct  appreciation  of  the 
nature  and  design  of  the  system  by  a  public  agent,  is  to  be  found 
in  the  general  bearing  of  his  official  acts.  If  his  conduct  be 
characterized  by  a  desire  to  administer  the  Government  upon 
the  principles  which  his  constituents  have  elected,  and  by  a  de 
termination  to  repudiate  the  dangerous  heresy,  that  the  Consti 
tution  is  to  be  interpreted,  not  by  the  well  understood  intentions 
of  those  who  framed  and  those  who  adopted  it,  but  by  what  can 
be  made  out  of  its  words  by  ingenious  interpretation  ;  if  he 
honestly  believes  that  the  people  are  the  safest  depository  of 
power,  and  acts  up  to  that  belief,  by  evincing  an  unwillingness 
to  exercise  authority  which  was  not  intended  to  be  granted,  and 
which  the  States  and  the  people  might  not,  on  open  application? 


151 


be  willing  to  grant ;  if  he  has  steadily  opposed  the  adoption  of 
all  schemes,  however  magnificent  and  captivating,  which  are 
not  warranted  by  the  Constitution — which,  from  the  inequality 
of  their  benefits  and  burthens,  are  calculated  to  sow  discord 
where  there  should  be  union,  and  which  are  too  frequently 
the  offspring  of  that  love  of  personal  authority  and  aggrandize 
ment  which  men  in  power  find  it  so  difficult  to  resist.  If  he  has 
done  all  in  his  power  to  arrest  the  increase  of  monopolies,  under 
all  circumstances  so  adverse  to  public  liberty,  and  the  equal 
interests  of  the  community.  If  his  official  career  has  been  dis 
tinguished  by  unceasing  assiduity  to  promote  economy  in  the 
public  expenditures,  to  relieve  the  people  from  all  unnecessary 
burthens,  and  generally  to  preserve  our  republican  system  in 
that  simplicity  and  purity  which  were  intended  for  it — under 
which  it  has  hitherto  been  so  successful,  by  which  it  can  alone  be 
maintained  ;  and  on  account  of  which  it  has,  until  this  moment, 
stood  in  such  enviable  and  glorious  contrast  with  the  corrupt 
systems  of  the  old  world.  If  such  be  the  traces  of  his  official 
course,  and  if  in  maintaining  it  he  shall  have  impressed  all  man 
kind  with  the  conviction  that  he  regards  as  nothing,  conse 
quences  which  are  merely  personal  to  himself,  when  they  come 
in  contact  with  duty  to  his  country,  the  people  of  the  United 
States  will  not  doubt  his  attachment  to  the  true  principles  of 
that  Constitution  which  he  has  so  faithfully  administered  and  so 
nobly  supported.  Such,  the  Committee  take  pride  in  saying, 
has  been  the  official  course  of  our  present  Chief  Magistrate — a 
course  by  which,  in  the  judgment  of  the  people  of  this  State,  he 
has  established  for  himself  imperishable  claims  to  their  grati 
tude,  respect,  and  confidence. 

The  Committee  have  thus  explained  their  views  upon  the 
several  delicate  and  deeply  interesting  questions  before  them, 
with  that  frankness  which  becomes  the  solemn  occasion  on 
which  they  act,  and  which  should  always  characterize  the  move 
ments  of  a  sovereign  State  upon  matters  involving  her  relations 
with  her  sister  States.  In  doing  so,  they  have  felt  it  to  be  their 
duty  to  vindicate  and  explain  the  political  principles  which  are 
entertained  by  themselves,  and,  as  they  believe,  by  a  majority 
of  the  go~d  people  of  this  State.  In  the  performance  of  this 
act  of  justice  and  duty,  they  have  endeavored  to  avoid  all  impu- 


152 

tations  upon  the  motives  of  those  who  may  differ  from  them- 
The  same  independence  and  toleration  which  they  claim  for 
themselves,  they  are  disposed  to  extend  to  others.  Amidst  the 
conflict  of  interest  and  feelings  with  which  those,  who  are 
charged  with  the  conduct  of  public  affairs  at  this  interesting 
crisis,  are  obliged  to  struggle,  there  is  happily  one  opinion 
which  has  not  yet  met  with  a  dissenting  voice  in  all  the  land  j 
and  which  it  is  fervently  hoped,  is  too  deeply  implanted  in  the 
minds  and  hearts  of  the  people  to  be  ever  eradicated.  It  is  a 
thorough  conviction,  that  anarchy,  degradation,  and  intermina 
ble  distress,  will  be,  must  be,  the  unavoidable  results  of  a  disso 
lution  of  the  union  of  these  States.  Associated  with  this  undeni 
able  and  undenied  truth,  and  growing  out  of  it,  there  are,  we 
trust,  two  other  sentiments  of  eqnal  universality — a  determina 
tion  to  maintain  the  Union  at  all  hazards,  and  a  willingness  to 
make  liberal  concessions,  nay  sacrifices,  for  the  preservation  of 
peace  and  reciprocal  good  will  amongst  its  members.  Upon 
this  great  conservative  platform,  all  sincere  friends  of  the  Union, 
all  who  honor  and  truly  respect  the  parting  admonitions  of  the 
Father  of  his  country,  all  who  prefer  that  country  to  their  own 
ambitious  views  and  personal  aggrandizement,  and  who  are  dis 
posed  to  give  the  Executive  of  the  United  States  a  cordial  and 
efficient  support,  can  meet,  and  act  in  concert  to  promote  the 
greatest  of  all  earthly  objects.  Here  all  may  earn  the  enduring 
respect  and  confidence  of  the  people,  by  an  honorable  sacrifice 
of  personal  and  party  feelings  on  the  altar  of  their  country's 
safety.  We  may  differ  as  to  the  time,  the  manner,  or  the  extent 
of  the  measures  to  be  employed,  whether  of  conciliation  or  co 
ercion.  It  cannot  be  expected,  at  the  present  crisis,  that  honest 
and  unprejudiced  minds  should  all  happen  to  arrive  at  the  same 
conclusion.  But  such  differences  should  not  occasion  heart 
burnings,  much  less  resentments.  Our  fathers  differed  in  like 
manner  in  the  establishment  of  our  Government;  and  it  is  in 
vain  for  us  to  hope  for  exemption  from  similar  embarrassments  ; 
the  causes  which  produced  them  have  not  yet  ceased  to  operate  ; 
they  have  been  planted  by  the  hand  of  nature,  and  cannot  be 
entirely  removed  by  that  of  man.  Those,  to  whose  valor  and 
disinterested  patriotism  we  are  indebted  for  this  glorious  system 
under  which  we  have  so  long  and  so  happily  lived,  overcame 


153 

them  by  mutual  concession  and  compromise.  If  every  man 
looks  only  to  his  own  interests,  or  every  State  to  its  own  favorite 
policy,  and  insists  upon  them,  this  Union  cannot  be  preserved. 
We  must  not  deceive  ourselves  upon  this  point,  or  suffer  others 
to  deceive  us.  Our  errors,  in  this  respect,  may  lead  to  conse 
quences  which  can  never  be  recalled  ;  and  over  which  we  and 
our  posterity  may  have  occasion  to  shed  bitter  tears  of  repen 
tance  ;  we  must  take  higher  counsel  than  that  which  is  derived 
from  our  pockets  or  our  passions;  we  must  be  just,  and,  if  need 
be,  generous ;  and  the  deep  and  overpowering  attachment  of 
the  great  mass  of  the  people  to  the  Union,  the  fidelity,  energy, 
and  fortitude  of  their  character,  directed  by  the  illustrious  man 
so  providentially  at  the  head  of  the  Government,  will  carry  us 
safely  through  the  dangers  which  threaten  our  beloved  country. 

It  remains  only  to  reciprocate,  as  the  Committee  doubt  not  the 
two  Houses  will  readily  do,  the  magnanimous  and  enlightened 
sentiments  expressed  by  the  Governor,  upon  the  subject  which 
has  caused  the  present  embarrassments  in  our  public  affairs. 
Most  cheerfully,  therefore,  do  they  respond  to  his  declarations, 
which  "disclaim  for  New  York  all  desire  to  aggrandize  herself 
at  the  expense  of  her  sister  States,  or  to  pervert  to  local  purpo 
ses,  a  system  of  government  intended  for  the  common  benefit  of 
all ;"  which  assert  her  estimate  of  the  value  of  the  Union  and 
her  devotion  to  it;  and  which  avow  her  willingness,  if  the  ope 
ration  of  existing  laws  be  adverse  to  those  views,  to  consent  to 
such  a  modification  of  them  as  will  remove  all  just  ground  of 
complaint,  and  afford  substantial  relief  to  every  real  grievance. 
In  these  sentiments  the  committee  recognize  the  best  policy  as 
well  as  the  true  glory  of  these  States ;  a  policy,  "which  culti 
vates  peace  and  harmony  by  observing  justice." 

The  opinion  of  this  State  in  favor  of  the  constitutional  power 
of  Congress,  to  afford  encouragement  and  protection  to  domestic 
products,  by  the  establishment  for  that  object  of  suitable  com 
mercial  regulations,  has  been  too  often  declared  to  need  repeti 
tion.  Neither  time  nor  circumstances  have  contributed  to 
change  its  convictions,  either  of  the  existence  or  importance  of 
this  right.  Without  it,  it  would  not  be  possible  for  the  Federal 
Government  to  carry  into  effect  one  of  the  principal  objects  of 
its  institution :  and  the  United  States  would,  in  relation  to  our 
21 


154 

own  exports,  be  left  altogether  at  the  mercy  of  foreign  nations. 
The  possession  of  the  right,  however,  and  the  manner  and  extent 
of  its  exercise  are  very  different  matters.  Whatever  causes  of 
serious  apprehension  for  the  stability  of  the  Union  may  hereto 
fore  have  arisen  from  this  source,  it  appears  to  the  Committee 
that  they  have  been  greatly  lessened  by  the  payment  of  the  na 
tional  debt,  and  the  disposition  of  the  Executive  of  the  United 
States,  and,  as  the  Committee  firmly  believe,  of  the  great  body 
of  the  people,  to  make  such  a  modification  of  the  tariff  as  be 
comes  by  that  event  just  and  practicable.  The  repeated  recom 
mendations  of  the  President  to  reduce  the  revenue  to  what  is 
requisite  to  defray  the  expenses  of  the  government,  necessarily 
incurred  within  the  pale  of  the  Constitution,  and  under  a  strictly 
economical  administration  of  our  affairs,  have  been  so  distinctly 
and  emphatically  sanctioned  by  the  people  of  this  State,  as  to 
leave  no  room  for  doubt  or  cavil  as  to  their  cheerful  acqui 
escence  in  the  measure.  Indeed,  the  Committee  are  yet  to  learn, 
that  there  is  any  man  in  this  great  community  who  advocates  or 
would  justify  the  collection  of  taxes  from  the  people  for  any 
other  purpose,  and  certainly  not  for  the  sole  one  of  taking  money 
from  the  pockets  of  one  class  of  our  people  to  put  into  those 
of  another.  All  that  is  asked,  is,  that  the  amount  of  duties  thus 
raised,  and  so  expended,  shall  be  levied  in  such  a  manner  as  to 
afford  reasonable  encouragement  and  protection  to  our  own 
manufactures  and  other  productions,  to  enable  them  to  compete 
with  similar  articles,  the  manufacture  or  production  of  other 
countries.  With  such  qualifications  as  may  be  necessary  to 
prevent  injustice,  and  to  preserve  inviolate  that  sound  rule  of 
'egislation,  which  requires  that  all  public  burthens  should  be 
borne  in  a  fair  proportion  to  the  ability  of  the  contributors,  and 
the  extent  of  the  security  which  they  derive  from  the  govern 
ment.  In  other  words,  that  too  large  a  share  of  the  public 
taxes  be  not  imposed  upon  those  articles  of  prime  necessity  to 
the  poor,  to  the  exoneration  of  articles  of  luxury,  which  are  used 
only  by  the  rich.  And  further,  that  the  reduction  of  duties  thus 
rendered  practicable  by  the  payment  of  the  public  debt,  though 
ultimately  certain,  should  not  be  sudden  or  capricious,  but  tem 
pered  to  the  condition  of  existing  establishments — establishments 
which  have  grown  up  and  been  encouraged  by  our  legislation^ 


155 


and  whose  claims  to  the  favor  and  indulgence  of  the  government 
and  people  are  founded  upon  the  public  faith.  To  a  claim  so 
reasonable  the  Committee  are  unwilling  to  believe  that  the  real 
friends  of  the  Union  any  where  can  object.  Men  may  resist  to 
the  uttermost  the  imposition  of  unreasonable  burthens  for  the 
protection  of  articles,  in  the  manufacture  and  production  of 
which  they  are  not  immediately  concerned.  But,  there  are, 
surely,  no  American  citizens  who,  exempt  from  such  impositions, 
would  not  prefer  to  encourage  those  of  their  own  country,  in 
preferenoe  to  the  fruits  of  foreign  labor. 

It  is  not  in  behalf  of  New  York,  particularly,  that  these  con 
siderations  are  urged.  For  it  is  notorious  that  this  State  is  not 
the  principal  seat  of  manufacturing  establishments.  But  jus 
tice  dictates  the  same  course  whatever  and  wherever  be  its  ap 
plication. 

The  rules  by  which  this  distribution  and  reduction  of  the  pub 
lic  burthens  are  to  be  effected,  must  from  the  nature  of  things, 
be  more  or  less  arbitrary  and  uncertain.  But  if  the  subject  be 
undertaken  and  prosecuted  in  good  faith — if  the  tariff  system  be 
not  made  subservient  to  the  purposes  of  personal  ambition,  nor 
to  the  cravings  of  individual  cupidity,  but  treated  as  a  matter  of 
business,  affecting  deeply  the  private  concerns  of  every  man  in 
every  quarter  of  the  Union,  there  is  no  doubt  of  the  ability  of 
Congress  to  adopt  such  rules  as  will  be  satisfactory  to  the  nation. 

That  the  bill  of  the  last  session  will  not  reduce  the  revenue  to 
the  proposed  standard  is  certain.  The  anticipated  excess  is  es 
timated  at  between  six  and  seven  millions  of  dollars.  Whether 
the  late  act  should  be  permitted  to  go  into  operation  with  the 
intention  of  modifying  the  system  at  the  next  session  of  Con 
gress;  or  whether  the  object  in  view  shall  be  effected  at  the 
present  session,  by  a  law  which,  though  passed  now,  shall  have 
a  gradual  operation,  is  an  important  point  in  the  difficult  and 
deeply  interesting  question  to  be  decided.  The  Committee  are 
by  no  means  insensible  to  the  embarrassment  arising  from  the 
existence  of  the  Ordinance  of  the  State  of  South  Carolina,  and 
regret  that  any  such  obstruction  should  have  been  thrown  in 
the  way  of  a  regular  expression  of  the  public  will.  They  could 
never  advise  any  legislation  by  Congress  under  the  dictation  of 
any  power;  and  they  have  very  little  fear,  that  any  such  will  be 


156 

desired  by  the  Executive,  or  sanctioned  by  that  body.  It  must, 
however,  be  borne  in  mind,  that  South  Carolina  is  not  the  only 
State  which  considers  herself  injuriously  affected  by  the  existing 
law,  and  seeks  relief  from  its  operation  ;  that  there  are  many 
other  States  who  are,  in  this  respect,  similarly  circumstanced* 
whose  alienation  from  the  Union  would  be  the  greatest  calamity 
that  could  befal  us,  but  who  have  shown  as  much  devotion  to 
the  Union,  and  have  manifested  as  much  repugnance  to  the 
measures  of  South  Carolina  as  any.  It  is  then  for  the  justice 
and  sound  discretion  of  Congress  to  decide,  whether,  whilst  all 
proper  measures  are  adopted  to  maintain  the  laws  of  the  United 
States  in  the  State  of  South  Carolina,  in  the  same  manner  as  if 
no  such  Ordinance  had  been  passed,  they  may  not  without  det 
riment  to  the  honor  and  dignity  of  the  Government,  now  act 
upon  a  matter  which  has  been  so  specially  and  urgently  submit 
ted  to  them  by  the  Executive.  We  may  be  assured  that  there  is 
sufficient  intelligence  and  virtue  in  the  people  to  judge  those 
greatly  deprecated  measures  by  themselves,  uninfluenced  by 
prejudices  of  any  sort  on  the  one  hand,  or  by  the  cotemporane- 
ous  measures  of  the  Government  on  the  other.  Nor  is  it  a  mat 
ter  of  slight  importance  to  the  people  of  this  State  to  consider 
whether  the  acts  of  South  Carolina  ought  to  occasion  a  collec 
tion  from  them  of  about  one  million  of  dollars  annually,  a  sum 
three  times  as  large  as  is  required  for  the  entire  expenses  of  our 
State  Government,  when  the  President  informs  us  that  it  is  not 
needed  for  the  public  service. 

The  duty  of  deciding  upon  these  grave  matters,  rests,  as  has 
been  justly  observed  by  the  Governor,  so  far  as  this  State  has  a 
voice  in  the  discussion,  with  those  who  represent  us  in  the  Con 
gress  of  the  United  States.  There,  the  Committee  think,  with  a 
general  expression  of  the  sense  of  the  Legislature,  it  ought  and 
may  with  safety  be  left.  It  would,  doubtless,  be  competent  for 
the  Legislature  to  give  explicit  advice  and  instruction  to  their 
representatives  upon  the  subject;  but  from  the  obvious  superi 
ority  in  position  of  our  representatives  in  Congress,  to  take  a 
better  view  of  the  whole  ground  than  that  which  is  possessed  by 
us,  and  from  the  great  extent  to  which  the  question  as  to  the 
most  proper  time  for  action,  as  well  as  the  particular  provisions 
which  ought  to  be  made,  are  dependent  on  facts  and  details,  of 


157 

which  it  is  impossible  that  we  can  be  as  capable  of  judging  as  they 
are,  the  Committee  think  the  Legislature  will  best  consult  their 
duty  and  the  interests  of  all,  by  confining  themselves,  at  this 
time,  to  the  general  expression  of  opinion  which  is  now  most 
respectfully  proposed. 

If  by  a  faithful  adherence  to  the  principles  here  advanced  in 
their  behalf,  the  people  of  this  State  can  contribute  to  th<;  res 
toration  and  preservation  of  that  fraternal  affection  in  which  t.-u; 
Union  was  originally  founded,  by  which  it  was  once  cemented, 
and  which  is  so  essential  to  its  preservation,  it  will  be  to  them  ^ 
source  of  much  joy  and  deep  gratitude  to  the  Supreme  Disposer 
of  events,  for  the  agency  they  have  been  permitted  to  exercise 
in  effecting  so  great  a  good.  But  if,  on  the  contrary,  their  well- 
meant  efforts  prove  unavailing ;  if  (he  offerings  of  peace  and 
good  will  which  have  been  freely  and  so  sincerely  tendered  by 
them,  in  conjunction  with  their  co-States  who  participate  in  the 
same  sentiments,  shall  be  rejected  ;  if,  in  the  providence  of  God, 
it  be  decreed  that  this  Government  and  this  happy  Union,  the 
affairs  of  which  have  been  hitherto  so  successfully  directed  by 
it,  are  to  be  put  to  the  final  test,  the  Government  and  people  of 
this  State  will  meet  the  crisis  with  the  sustaining  consciousness, 
that  they  have  done  all  that  duty  enjoined  and  honor  permitted 
to  avert  the  worst  calamity  that  could  befall  the  country. 

The  Committee  respectfully  suggest,  for  the  consideration  of 
the  Legislature,  the  following  resolutions. 


RESOLVES. 


State  of  mto 


IN  SENATE,  February  16th,  1833. 

Resolved,  (if  the  Assembly  concur,)  That  we  approve  of  the 
general  views  and  conclusions  of  the  preceding  Report. 

Resolved,  (if  the  Assembly  concur,)  That  we  regard  the  Union 
of  these  States  as  indispensable  to  their  prosperity  and  happi 
ness  :  that  we  participate  fully  in  the  desire  which  has  been 
manifested  by  the  President,  to  restore  harmony,  and  conciliate 
affection  amongst  all  the  people  of  the  United  States,  by  a  sea 
sonable  and  equitable  modification  of  the  Tariff,  adapting  it  to 
the  present  condition  of  the  country  :  that  we  approve  the  mea 
sures  he  has  adopted  and  recommended  to  sustain  the  authority 
and  execute  the  laws  of  the  United  States  ;  and  that  the  Govern 
ment  and  people  of  this  State  will  cordially  co-operate  with  him 
in  the  exercise  of  all  the  means  which  may  be  necessary  and 
proper  to  secure  those  objects. 

Resolved,  (if  the  Assembly  concur,)  That  we  regard  the  right 
of  a  single  State,  to  make  void  within  its  limits  the  laws  of 
the  United  States,  as  set  forth  in  the  Ordinance  of  South  Caro 
lina,  as  wholly  unauthorized  by  the  Constitution  of  the  United 
States,  and  in  its  tendency  subversive  of  the  Union  and  the  Gov 
ernment  thereof. 

Resolved,  (if  the  Assembly  concur,)  That  we  do  dissent  from 
the  doctrine,  that  a  single  State  has  a  right  to  withdraw  itself 
from  the  Union  against  the  wishes  of  its  co-States,  whenever  in 


159 

its  sole  judgment  the  acts  of  the  Federal  Government  shall  be 
such  as  to  justify  the  step. 

Resolved,  (if  the  Assembly  concur,)  That  the  Governor  be  re 
quested  to  transmit  a  copy  of  the  foregoing  Report  and  Resolu 
tions,  to  the  Executive  of  the  State  of  South  Carolina,  and  to  the 
Executives  of  the  other  States  respectively,  to  the  end  that  they 
may  be  communicated  to  the  Legislatures  thereof,  and  also  a 
copy  of  the  same  to  the  President  of  the  United  States,  and  to 
each  of  our  Senators  and  Representatives  in  Congress. 

By  order, 

J.  F.  BACON, 

Clerk  of  the  Senate. 

IN  ASSEMBLY,  February  23d,  1833. 

Resolved,  That  this  House  do  concur  with  the  Senate,  in  their 
said  Resolutions. 

By  order, 

FRANCIS  SEGER, 

Clerk  of  the  Assembly. 


RESOLVES 


OP   THE 


LEGISLATURE 


OF 


NEW-JERSEY. 


22 


State  of 


WHEREAS  the  people  of  the  State  of  South  Carolina,  in  Con 
vention  assembled,  have,  by  an  ordinance,  dated  twenty-fourth 
of  November,  eighteen  hundred  and  thirty-two,  declared  and 
ordained  that  the  several  acts  and  parts  of  acts  of  the  Con 
gress  of  these  United  States,  purporting  to  be  laws  for  the 
imposing  of  duties  and  imposts  on  the  importation  of  foreign 
commodities,  are  unauthorised  by  the  constitution,  violate  the 
true  intent  and  meaning  thereof,  and  are  null  and  void  and 
not  binding  upon  the  said  State,  its  officers  or  citizens  and  have 
proclaimed  their  determination  to  enforce  said  ordinance  at 
every  hazard,  denied  the  authority  of  the  general  government 
to  enforce  the  revenue  laws  within  the  said  State  of  South 
Carolina,  and  transmitted  a  copy  of  such  ordinance,  together 
with  an  appeal  to  the  people  of  the  United  States,  to  the 
Executive  of  this  State:  AND  WHEREAS  the  high  obligations 
we  owe  to  our  common  country,  as  a  member  of  this  great 
confederacy,  as  well  as  the  due  preservation  of  the  inestima 
ble  privileges  we  enjoy  under  this  free  and  happy  government, 
secured  by  the  toils  and  cemented  by  the  blood  of  our  com 
mon  ancestors,  has  rendered  it  an  imperative  duty  to  proclaim 
our  opinions  upon  this  important  subject — THEREFORE,  in  the 
name  and  in  behalf  of  the  people  of  the  State  of  New  Jer 
sey,  and  as  their  legal  representatives, 

••  1 .  Be  it  Resolved,  by  the  Council  and  General  Assembly  of  said 
State,  That  the  Constitution  adopted  and  sanctioned  by  the  peo 
ple  of  these  United  States,  as  well  as  our  early  history,  our  com 
mon  interest,  our  habits,  our  intercourse,  our  love  of  freedom, 
the  honor,  strength  and  durability  of  our  country,  proclaim  that 


164 

all  the  States  of  this  Union  make  one  indivisible  nation  united  in 
prosperity  and  adversity,  in  peace  as  in  war,  by  the  sacred  and 
indissoluble  bond  of  their  Union. 

2.  Resolved,  That  we  deprecate  the  acts  and    proceedings  of 
our  brethren  of  the  State  of  South  Carolina,  as  opposed  to  the 
fundamental  principles  upon  which  the  government  of  these 
United  States  is  based,  as  violating   the   spirit  and  meaning   of 
the  Federal  Constitution,  and  tending  to  rend  asunder  those  ties 
of  common  interest  and  fraternal  regard,  of  mutual  dependance 
and  reciprocal  obligation,  which  are   alike  our  pride,  our  glory, 
and  our  strength,   and  which  have  proclaimed  us  to  the  world  a 
United  People. 

3.  Resolved,  That  when  South  Carolina,  together  with  all  the 
other  States,  acceded  to  this  Union,  and    adopted  the  Constitu 
tion,  she  and   they  became   thereby  irrevocably  bound   that   all 
controversy  upon   the  constitutionality  of  an   act  of  Congress, 
should  be   finally  adjudicated   by  the   Supreme  Court  of  these 
United  States.     The  sacred   charter  of  our  liberties  never  con 
templated  that  each  state  had  reserved  to  itself  an  ultimate  ap 
peal  to  its  own  citizens  in  their  sovereign  capacity. 

4.  Resolved.  That  the  manufactures  of  America,  are  one  of  the 
elements  of  our  Independence   and    greatness  ;  not  oppressing 
but  advancing  hand   in   hand  with   agriculture   and   commerce. 
These  three  sources  of  National  prosperity,  demand  equally  the 
fostering  protection  of  Government ;  to   crush  either  would  be 
to  paralyze  all  ;  and  to  the  General  Government,  alone,  standing 
on  an  elevation  to  survey  the  whole   ground,  belongs   the  infor 
mation,  the  wisdom,  and  the  power  to  apportion   just  patronage 
wherever  circumstances  may  require. 

5.  Resolved,  That  the  Constitution  of  the  United  States,  now 
contains  within  itself,  an  ample  provision  for  its  amendment,  and 
for  the  remedy  of  every  evil  which  may  arise    from   unforeseen 
events,  or  ambiguous  construction.     When  this  provision    shall 
be  legally  called  into  operation,  we  shall  be  prompt  to  concede 
all  to  justice,  much  to  fraternal  feeling,   and  somewhat  even  to 
local  excitement  and  mistaken  enthusiasm.     But  it  cannot  com 
port  either  with  dignity  or    sound   policy  to   yield  aught   in  the 
face  of  threatened    disunion  and   an    armed    resistance    to   the 
laws. 


165 

6.  Resolved,  That  the  principles  contained  in  the  Proclama 
tion,  and  late  Message  of  the   President  of  the  United    States, 
meet  our  entire  approbation  ;  and  that  we  will  sustain  the  Chief 
Magistrate  of  the  Union    in    the  Constitutional  enforcement  of 
these  principles. 

7.  Resolved,  That  we   implore  our  Fellow  Citizens  of  South 
Carolina,  allied  as  they  are  to  us,  by  all  the  heart  stiring  and  in 
spiriting  recollections  of  the  eventful  struggle,  that  made  us  an 
independent  nation,  maturely  to  ponder  over  the  present  crisis 
in  their  affairs,  and  magnanimously  to  return  to  more  temperate 
councils,  and  a  juster  sense  of  that  obedience   to  the   general 
will  which  constitutes  the  lasting  security,  and    should    be    the 
glory  and   the  ornament  of  every  member  of  this   confederacy. 
But   should   our  fellow  citizens  of  South  Carolina,   contrary  to 
our  reasonable  expectations,  unsheath  the  sword,  it  becomes  our 
solemn  and  imperative  duty  to  declare,  that  no   separate  nation 
ought  or  can  be  suffered  to  intrude  into    the  very  centre  of  our 
Territory. 

8.  Resolved,  That   the  Governor  be    requested  to   transmit  a 
copy  of  these  resolutions  to  the  President  of  the  United  States, 
to  each  Senator  and  Representative  in  Congress,  from  this  State, 
and  to  the  Governors  of  the  respective  States  of  the  Union. 

HOUSE  OF  ASSEMBLY,  February   18th,   1833. 

These  re-engrossed  Joint  Resolutions  having  been  three  times 
read  in  the  House  of  Assembly. 

Resolved,  That  the  same  do  pass. 
By  order  of  the  House. 

JOHN  P.  JACKSON,  Speaker  of  Assembly. 
IN  COUNCIL,  February  18th,  1833. 

These  re-engrossed  Joint  Resolutions  having  been  three  times 
read  in  the  Council  and  compared. 

Resolved,   That  the  same  do  pass. 
By  order  of  Council. 

ELIAS  P.  SEELEY,   Vice  President. 


166 

I,  JAMES  D.  WESTCOTT,  Secretary  of  the  State  of  New-Jer 
sey,  do  certify,  that  the  foregoing  is  a  true  copy  of  the  Joint 
Resolutions  of  the  Legislative  Council  and  General  Assembly 
of  the  State  of  New-Jersey,  passed  February  18th,  A.  D.  one 
thousand  eight  hundred  and  thirty  three,  as  compared  with  the 
original,  now  remaining  on  file  in  my  office. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed 
the  seal  of  my  said  office,  at  the  city  of  Trenton,  in  said 
State,  this  18th  day  of  February,  A.  D.  one  thousand 
eight  hundred  and  thirty-three. 

JAMES  D.  WESTCOTT. 


RESOLVES 


or  THE 


LEGISLATURE 


OF 


PENNSYLVANIA. 


RESOLVES 

Relative  to  the  Union  of  the  States  and  the  Constitution  of  the 

United  States. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  Com- 
monweallh  of  Pennsylvania,  in  General  Assembly  met,  That  the 
Constitution  of  the  United  States,  and  the  laws  of  the  United 
States  made  in  pursuance  of  the  Constitution,  are  the  supreme 
law  of  the  land,  to  which  every  citizen  of  the  United  States  owes 
obedience  ;  and  that  no  authority  whatever  can  release  him 
from  his  obligation  to  obey,  or  require  him  to  take  any  oath,  or 
enter  into  any  engagement  inconsistent  with  such  obligation; 
and  that  any  pretension  on  the  part  of  a  State,  or  any  portion 
thereof,  so  to  release  any  citizen  of  the  United  States,  or  so  to 
require  of  him,  is  unconstitutional,  and  without  the  least  foun 
dation  of  right,  and  can  afford  neither  shelter  nor  excuse  for 
offences  he  may  commit  against  the  laws  of  the  United  States. 

Resolved,  That  no  portion  of  the  citizens  of  the  United  States, 
have  a  rightful  power  to  render  invalid  an  act  of  the  Congress 
of  the  United  States,  duly  made  by  the  people's  representatives, 
and  approved  by  the  Executive,  in  the  mode  prescribed  by  the 
Constitution  ;  nor  to  nullify  the  same,  either  generally,  or  with 
in  particular  districts  ;  but  that  every  such  act  of  Congress  con 
tinues  in  full  force  every  where  within  the  United  States,  not 
withstanding  any  such  asserted  nullification  ;  and  all  persons 
who  resist  its  execution,  offend  against  the  Constitution  and 
laws  of  the  United  States,  and  are  liable  to  prosecution  and 
punishment  for  such  offence. 

Resolved,  That  no  State  has  a  right  to  withdraw  from  the 
Union,  and  to  declare  itself  independent  of  it;  and  that  every 
attempt  to  do  so,  would  be  a  virtual  infraction  of  the  Constitu 
tion  of  the  United  States,  justifying  and  requiring  the  use  of 
constitutional  measures  to  suppress  it. 
23 


170 

Resolved  That  the  faithful  execution  of  all  laws  of  the  United 
States,  made  in  the  mode  prescribed  by  the  Constitution,  is  a 
duty  enjoined  upon  the  President  of  the  United  States,  in  the 
constitutional  discharge  of  which  he  is  entitled  to,  and  ought  to 
receive  the  aid  and  support  of  every  citizen  of  the  Union. 

Resolved,  That  it  is  the  clear  and  indisputable  right  of  Con 
gress,  to  impose  duties  upon  importations,  and  of  the  Govern 
ment  of  the  United  States  to  collect  the  duties  payable  by  law 
upon  goods  imported  into  every  part  of  the  Union  ;  and  that 
every  resistance  to  the  collection  of  the  same,  is  an  offence 
against  the  Constitution  and  laws  of  the  United  States,  and  that 
the  offenders  are  liable  to  prosecution  and  punishment  for  such 
offence. 

Resolved,  That  in  enforcing,  by  all  constitutional  means,  the 
laws  passed  by  Congress,  for  imposing  and  collecting  duties 
upon  goods  imported  into  the  United  States,  and  all  other  acts 
of  the  Congress  of  the  United  States;  and  in  bringing  to  pun 
ishment  all  persons,  who,  under  any  pretence,  may  offer  resist 
ance  to  them,  the  Commonwealth  of  Pennsylvania  will,  if  neces 
sary,  aid  and  assist  the  Government  of  the  United  States,  by  all 
the  means  in  her  power. 

Resolved,  That  we  pledge  ourselves,  jointly  and  individually 
to  sustain  the  Chief  Magistrate  of  the  United  States,  in  all  con 
stitutional  measures  calculated  to  preserve  and  perpetuate  the 
union  of  the  States. 

Resolved,  That  the  Governor  be  requested  to  transmit  a  copy 
of  these  Resolutions  to  the  President  of  the  United  States,  and 
to  each  Senator  and  Representative  in  Congress  from  this  Com 
monwealth,  and  to  the  several  Governors  of  the  respective 
States  and  Territories  of  these  United  States. 


SAMUEL  ANDERSON, 

Speaker  of  the  House  of  Representatives. 

JESSE  R.  BURDEN, 

Speaker  of  the  Senate. 


171 


Approved,  the  twentieth  day  of  December,  A.  D.  one  thou 
sand  eight  hundred  and  thirty-two. 

GEO.  WOLF. 


SECRETARY'S  OFFICE,  PENNSYLVANIA, 
HARRISBURG,  December  21,  1832 


-•I 


This  is  to  certify,  that  the  foregoing  Resolutions  are  truly 
copied  from  the  original  roll  in  this  office. 

Witness  my  hand  and  seal. 

SAML.  M'KEAN. 


RESOLVES 


OF   THE 


LEGISLATURE 


OF 


DELAWARE. 


REPORT. 


The  Committee  to  whom  was  referred  so  much  of  the  Governor's 
Message  as  relates  to  the  communication  from  the  Governor 
of  the  State  of  South  Carolina,  respectfully  submit  the  following 

REPORT: 

THE  communication  from  the  Governor  of  South  Carolina  is 
composed  of  documents  ordered  by  a  Convention  of  the  people 
of  that  State,  held  in  November  last,  to  be  transmitted  to  the 
Governors  of  the  several  States  for  the  information  of  their  re 
spective  Legislatures.  These  documents  consist  of  a  report  of 
a  Committee  of  twenty-one,  to  the  Convention,  on  the  subject 
of  the  several  acts  of  Congress  imposing  duties  for  the  protec 
tion  of  domestic  manufactures,  with  the  Ordinance  to  Nullify 
the  same,  an  address  to  the  people  of  that  State,  and  an  address 
to  the  people  of  the  United  States.  Your  Committee  have  ex 
amined  the  papers  with  great  care,  and  with  that  respectful  at 
tention  which  is  due  to  the  source  from  which  they  emanate,  but 
they  cannot  disguise  their  astonishment  at  the  position  assumed 
by  the  Convention  and  the  arguments  by  which  it  is  attempted 
to  be  sustained.  The  position  taken  by  the  Convention  is,  that 
they  have  a  right  to  suspend  the  operation  of  certain  acts  of 
Congress  within  the  limits  of  the  State  by  declaring  those  acts 
null  and  void,  on  the  ground  of  their  supposed  unconstitutional- 
ity.  This  extraordinary  right  is  assumed  not  as  a  revolutionary 
measure,  but  as  one  that  results  from  the  nature  of  the  compact, 
created  by  the  Constitution,  and  as  in  perfect  harmony  with  its 
principles.  It  becomes  necessary,  therefore,  to  settle  distinctly, 


176 

the  nature  of  that  instrument,  in  order  to  decide  the  question  of 
this  right. 

The  ground  taken  by  the  Convention  on  this  subject  is,  "  that 
the  Federal  Constitution  is  a  treaty,  a  confederation,  an  alliance, 
by  which  so  many  sovereign  States  agree  to  exercise  their  sove 
reign  powers  conjointly,  upon  certain  objects  of  external  con 
cern,  in  which  they  are  equally  interested."  That  the  Federal 
Government  is  the  common  agency  of  the  sovereign  States,  and 
possesses  no  more  inherent  sovereignty  than  an  incorporated 
town,  that  it  is  a  mere  political  corporation,  "  and  that  it  is  the 
moral  obligation  alone  which  each  state  has  chosen  to  impose 
on  herself,  and  not  the  want  of  sovereignty"  which  restrains  her 
from  exercising  all  those  powers  which  have  been  granted  to  the 
Federal  Government.  And  this  is  declared  by  the  Convention 
to  be  the  true  nature  of  the  compact.  The  principle  with  which 
they  set  out,  and  upon  which  the  whole  doctrine  is  built,  is  thus 
laid  [down  in  the  address  to  the  people  of  the  State— page  4. 
"  The  Constitution  of  the  United  States,  as  is  admitted  by  co- 
temporaneous  writers,  is  a  compact  between  sovereign  States." 
This  is  the  corner  stone  of  the  whole  system  of  Nullification. 
For  if  it  be  true  that  the  Constitution  is  a  mere  treaty  or  com 
pact  between  sovereign  States,  which  now  possess  all  the  sove 
reignty  they  ever  had,  and  among  whom  there  can  be  no  com 
mon  arbiter,  the  rest  of  the  doctrine  follows  as  a  matter  of 
course.  The  question  then  arises,  is  this  proposition  true? 
Your  Committee  conceive  that  it  is  false  in  both  its  branches.  It 
is  neither  a  compact  between  sovereign  States,  nor  is  so  admitted 
to  be,  by  cotemporaneous  writers,  at  least  of  any  credit. 

The  first  and  most  natural  source  to  look  to,  for  the  settle 
ment  of  this  question,  is  the  instrument  itself.  Since  it  is  appa 
rent  that  it  would  be  utterly  useless  to  reduce  an  agreement  or 
compact  to  writing,  that  it  would  be  useless  to  establish  a  writ 
ten  constitution  for  any  government  or  any  people,  if  the  crude 
notions  and  wild  conceits  of  any  individual  may  be  substituted 
for  the  terms  of  the  instrument.  This  is  more  particularly  true 
with  regard  to  such  an  instrument  as  the  Constitution  of  the 
United  States,  which  was  the  work,  in  the  first  instance,  of  a 
general  convention  from  the  different  States,  and  was  afterwards 
submitted  to  the  conventions  of  the  people  in  each  of  the  States. 


177 


So  that  not  a  word  or  letter,  and  certainly  not  a  single  principle 
contained  in  it  can  be  supposed  to  have  escaped  the  severest 
srcutiny,  and  the  whole  must  therefore  have  the  highest  sanction. 

Upon  opening  that  instrument,  the  first  principle  which  pre 
sents  itself  is,  that  it  purports  to  be  the  act  of  the  American 
people.  It  is  not  stated  to  be  a  compact  between  New  Hamp 
shire,  Massachusetts,  Rhode  Island,  and  the  other  ten  sovereign 
States,  and  which  would  have  been  the  appropriate,  and  indeed 
the  only  preamble,  if  the  idea  intended  to  be  conveyed  was,  that 
of  a  compactor  treaty  between  those  sovereign  States;  but  on 
the  contrary,  it  is  declared  to  be  the  act  of  the  American  peo 
ple.  The  language  is,  "We  the  people  of  the  United  States  do 
ordain  and  establish  this  Constitution  for  the  United  States  of 
America."  The  principle  here  established  is,  that  the  govern 
ment  created  by  that  Constitution  is  the  act  of  the  people  of  the 
United  States,  and  not  the  act  of  the  States,  as  sovereignties. 
As  this  principle  lies  at  the  foundation  of  the  whole  system,  it  is 
impossible  that  it  should  have  escaped  the  attention  of  the  Gen 
eral  Convention,  and  of  the  thirteen  State  conventions  which 
passed  upon  it.  They  could  not  have  been  ignorant  of,  or  inat 
tentive  to,  the  difference  of  the  two  principles  involved  in  the 
question,  whether  the  instrument  to  which  they  assented,  was  a 
Constitution  of  Government  to  be  established  by  the  people,  or  a 
treaty  or  compact  between  thirteen  sovereign  States.  To  sup 
pose  them  ignorant,  is  to  suppose  them  incompetent  to  their 
task,  and  to  suppose  them  inattentive,  is  to  suppose  them  culpa 
bly  negligent  of  their  duty.  But  we  will  show  that  they  were 
neither  the  one  or  the  other. 

The  very  first  question,  as  might  naturally  be  supposed,  that 
presented  itself  to  the  General  Convention  was,  whether  the 
Constitution  they  were  about  to  form  should  be  a  compact 
among  the  States,  or  the  act  of  the  people.  The  particular  busi 
ness  of  the  Convention  was  opened  by  Governor  Randolph,  who 
submitted  to  their  consideration,  on  the  29th  May,  1787,  various 
resolutions,  with  a  view  to  settle  the  principles  on  which  they 
were  to  proceed.  The  first  of  those  resolutions  was  in  these 
words— "Resolved,  that  the  articles  of  confederation  ought  to 
be  so  corrected  and  enlarged  as  to  accomplish  the  objects  pro 
posed  by  their  institution,  namely,  common  defence,  security  of 
24 


178 

liberty  and  general  welfare." — Elliott's  Debates,  vol.  4,  p.  41. 
Now  it  must  be  recollected  that  the  articles  of  confederation 
were,  in  point  of  fact,  and  in  terms,  a  compact  between  the  dif 
ferent  States  as  sovereignties.     The  instrument  itself  purports 
to  be  such,  and  is  described  in  the   preamble  as   "  Articles  of 
confederation  and  perpetual  union  between  the  States  of  New 
Hampshire,  Massachusetts  Bay,  Rhode  Island  and  Providence 
Plantations,"   &c.     As   Governor  Randolph's   proposition   was 
merely  to  correct  and  enlarge  those  articles,  if  it  had  been  adop- 
ed,  the  nature  of  the  compact   would  have  been  the  same,  and 
it  would  have  continued  to  stand  on  the  fooling  of  an  agreement 
among  the  States  as  sovereignties.     The  very  point  now  at  issue 
was  therefore  brought  at  once,  and  directly  before  the  Conven 
tion.     On  the  same  day   the   Convention   resolved   to   go   into 
Committee  of  the  whole,  on  the  State  of  the  Union,  and  the  pro 
positions  of  Governor  Randolph  were  referred  to  that  Commit 
tee.     On   the   following  day,  May  30th,  these  resolutions  were 
taken   up  for  consideration,  and  the   particular  one  in  question 
being  the  first  in  order,  was,  on  his  own  motion,  postponed  ;  and 
another,  offered  likewise  by  him,  was,  after  debate,  adopted  as  a 
substitute,  in  the  following  words  :  "  Resolved  that  a  National 
Government   ought  to  be  established,  consisting  of  a  Supreme 
Legislative.   Judiciary,  and   Executive."     On  this  question,  six 
States,  namely,  Massachusetts,  Pennsylvania,  Delaware,  Virgin 
ia,  North  Carolina  and  South  Carolina  voted  in  the  affirmative ; 
Connecticut  voted  in  the  negative,  and  New  York  was  divided. 
Elliott's  Debates,  vol.  4,  p.  49.     Mr.  Yates,   a  member  of  the 
Convention  from  New  York,  who  was   opposed  to  the  present 
Constitution,  and  afterwards  withdrew  from  the  Convention  be 
cause  he  thought  they  were  exceeding  their  powers,  kept  min 
utes  of  the  debates  while  he  was  there,  which  are  published  in 
the  fourth  volume  of  Elliott's  Debates,  and  has  thus  thrown  much 
light  on  the  questions  that  were  agitated  ;  and  may  be  consider 
ed  for  that  purpose,  as  of  the  highest  authority.     In  his  minutes 
of  the  debate  on  that  day,  he  observes,  "  this  last  resolve  had  its 
difficulties,  the  term  supreme  required  explanation.     It  was  ask 
ed  whether  it  was  intended  to  annihilate  the  State  Governments  ? 
It  was  answered  only  so  far  as  the  powers  intended  to  be  granted 
to  the  new  government  should  clash  with  the  States,  when  the 


179 

lattershould  yield." — Yates'  Minutes,  p.  50.  It  was  thus  decided 
that  the  articles  of  confederation  should  be  laid  aside,  and  the 
principle  of  a  compact  among  the  States  as  sovereignties  aban 
doned.  Accordingly,  we  find  that  on  the  6th  June  following, 
when  the  fourth  resolution  offered  by  Governor  Randolph,  was 
under  consideration,  which  provided  that  the  members  of  the 
first  branch  of  the  National  Legislature  should  be  elected  by  the 
people,  a  motion  having  been  made  to  strike  out  the  word 
"  people,"  and  substitute  the  word  "  Legislatures, "of  the  several 
States,  the  motion  was  lost  by  a  vote  of  eight  States  to  three. 
In  the  debate  on  that  point,  Mr.  Madison  is  reported  by  Mr. 
Yates,  to  have  observed  "  that  when  we  agreed  to  the  first  re 
solve  of  having  a  National  Government,  consisting  of  a  Supreme 
Executive,  Judicial  and  Legislative  power,  it  was  then  intended 
to  operate  to  the  exclusion  of  a  Federal  Government,  and  the 
more  extensive  we  made  the  basis,  the  greater  probability  of  du 
ration,  happiness  and  order." — Yates'  Minutes,  p.  63. 

The  first  resolution  was  afterwards  modified  so  as  to  read  thus  : 
"  Resolved  that  the  Government  of  the  United  States  ought  to 
consist  of  a  Supreme  Legislative,  Judiciary  and  Executive/' 
The  reason  for  which  is  stated  by  Mr.  Luther  Martin,  one  of  the 
delegates  from  Maryland,  and  a  most  determined  opponent  of  the 
proposed  system  at  the  time,  to  have  been  that  they  were  afraid 
that  the  word  national  might  tend  to  alarm. — Yates'  Minutes, 
p.  22. 

The  principle  was  thus  therefore  clearly  established  and  re 
mained  unchanged,  that  the  new  government  was  not  to  be 
placed  on  the  footing  of  a  compact  among  the  States  as  sove 
reigns  ;  but  was  to  emanate  from  the  people  and  be  established 
by  their  authority.  On  the  twenty-third  of  July  the  resolution 
thus  modified,  was,  together  with  the  others  which  had  been 
elaborated  in  the  debate  that  had  been  carried  on  in  the  Com 
mittee  of  the  whole,  referred  to  a  Committee  of  five  for  the  pur 
pose  of  reporting  a  Constitution.  It  is  evident  that  the  Com 
mittee  appointed  for  the  purpose,  were  bound,  in  drafting  the 
instrument,  to  preserve  that  fundamental  principle.  Accordingly, 
on  the  6th  of  August,  the  Committee  reported  the  draught  of  a 
Constitution,  the  preamble  to  which  began  in  these  words  :  "  We 
the  people  of  the  States  of  New  Hampshire,  Massachusetts,  &c. 


180 

do  ordain  and  establish   the  following  Constitution  for  the  gov 
ernment  of  ourselves  and  our  posterity." — Elliot's  Debates,  vol. 
4,  p.   116.     The  principle  was  here  distinctly  set  forth,  but  as  it 
might  have  afforded  some  room  for  cavil,  and  it  was  determined 
that  there  should  not  be  a  loop  to  hang  a  doubt  upon,  the  phra 
seology  was  changed,  and  that  of  the  present  Constitution  adopt 
ed,  "We  the  people  of  the  United  States,"  &c.     If  it  is  possi 
ble  for  human  language  or  for  human  conduct   to   express  the 
intentions  of  the  mind,  nothing  can    be  clearer  than  the  inten 
tion  of  the  General  Convention  on    this  point.     If  regard  then 
be  had  to  the  instrument  itself,  it  is,  and   it  purports  to   be,  a 
Constitution   of  Government   established  by  the  people  of  the 
United  States.     For  this  purpose  it  was  not  at  all  necessary  that 
they  should  be  assembled  in  one  body,  in  one    place,  or  by  one 
authority.    It  was  sufficient  for  them  to  assemble  in  their  respec 
tive  states,  at  their  usual  places  of  election,  and  under  the  usu 
al  authority.     When  once  assembled  and  they  proceeded  to  rat 
ify  the  instrument,  it  became  to  all  intents  and  purposes  their  act. 
Nor  does  it  at  all  affect  the  question  that  it  was  provided,  that 
the  ratification  of  a  certain  number  of  the  States  should  be  ne 
cessary  for  its  establishment.     That  was  a  mere  condition  which 
amounted  to  no  more  than  a  declaration,  that  the  experiment 
was  not  worth  the  trial,  unless  such  a  portion  of  the  people 
should  concur.     So  far  as  this  particular  subject  is  concerned, 
the  term  States  is  a  mere   description  of  the  people  by  classes, 
and  is  of  no  more  moment  in  the  argument  than  if  the  provision 
had  been,  that  it  should  not  take  effect  unless   ratified  by  two 
millions  of  people,  or  by  two  hundred  and  forty  counties,  or  one 
hundred    districts.     The   provision  was  a   condition    precedent 
which   ceased    to    be    of  importance  the    moment  it   was    ful 
filled. 

The  tenth  amendment  of  that  Constitution  which  provides 
that  "the  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved  to 
the  States  respectively  or  to  the  people,"  illustrates  and  confirms 
the  view  here  taken  of  the  character  of  the  instrument  and  the 
source  of  its  authority.  But  if  in  addition  to  this,  the  frame  of 
government  be  considered  which  deprives  the  States  of  almost 
all  the  essential  rights  of  sovereignty,  and  makes  them  amena- 


181 

ble  to  the  tribunals  of  the  United  States'  Government,  whose 
decisions  are  conclusive  in  relation  to  all  controversies  arising 
under  the  Constitution  or  laws  of  the  United  States,  it  becomes 
a  matter  of  surprise  that  any  doubt  should  have  been  expressed 
on  the  subject. 

It  thus  appears  that  the  Constitution  is  not  a  treaty  or  com 
pact  between  sovereign  States,  and  it  remains  to  show  that  such 
was  the  opinion  of  cotemporaneous  writers.  Reference  has  al 
ready  been  made  to  the  work  of  Mr.  Yates  who  was  a  member 
of  the  Convention  from  New  York,  and  whose  minutes  of  the 
debates  are  of  the  highest  degree  of  authenticity,  and  which  in 
the  passage  already  cited,  as  well  as  in  others,  confirms  the  po 
sition  taken  by  your  Committee.  In  the  debate  on  the  29th  June, 
the  first  clause  of  the  seventh  proposition  being  under  consider 
ation,  which  respected  the  suffrage  of  each  State  in  the  first 
branch  of  the  Legislature,  Mr.  Madison  who  was  so  much  re 
lied  on  by  the  Carolina  Convention  as  an  authority,  in  the  cele 
brated  resolutions  of  1798,  expressed  himself  as  follows,  as  re 
ported  by  Mr.  Yates  :  "  Some  gentlemen  are  afraid  that  the  plan  is 
not  sufficiently  national,  while  others  apprehend  that  it  is  too 
much  so.  If  this  point  of  representation  was  once  well  fixed,  we 
would  come  nearer  to  one  another  in  sentiment.  The  necessity 
would  then  be  discovered  of  circumscribing  more  effectually  the 
State  governments,  and  enlarging  the  bounds  of  the  general 
government.  Some  contend  that  States  are  sovereigns,  when  in 
fact,  they  are  only  political  societies.  There  is  a  gradation  of 
power  in  all  societies,  from  the  lowest  corporation  to  the  highest 
sovereign.  The  States  never  possessed  the  essential  rights  of 
sovereignty.  These  were  always  vested  in  Congress.  Their 
voting  as  States  in  Congress,  is  no  evidence  of  sovereignty. 
The  State  of  Maryland  voted  by  counties— did  this  make  the 
counties  sovereign  f  The  States  at  present  are  only  great  cor 
porations  having  the  power  of  making  by-laws,  and  these  are 
effectual  only  if  they  are  not  contradictory  to  the  general  con 
federation.  The  States  ought  to  be  placed  under  the  control  of 
the  general  government.  If  the  power  is  not  immediately  de 
rived  from  the  people,  in  proportion  to  their  numbers,  we  may 
make  a  paper  confederacy,  but  that  will  be  all.  VV^e  know  the 


182 

effects  of  the  Old  Confederation,  and  without  a  general  govern 
ment  this  will  be  like  the  former." — Yates'  Minutes,  p.   114. 

In  the  debate  on  the  5th  June,  the  last  or  15th  proposition  of 
Governor  Randolph,  being  under  consideration,  which  provided 
that  the  work  of  the  convention  should  be  submitted  to  assem 
blies  of  representatives  to  be  chosen  by  the  people  expressly  for 
that  purpose.  Mr.  Yates  resports  that  "  Mr.  Madison  endeavor 
ed  to  enforce  the  necessity  of  this  resolve,  because  the  new 
National  Constitution  ought  to  have  the  highest  source  of  au 
thority — at  least,  paramount  to  the  powers  of  the  respective 
constitutions  of  the  States  ;  points  out  the  mischiefs  that  had 
arisen  in  the  Old  Confederation,  which  depends  upon  no  higher 
authority  than  the  confirmation  of  an  ordinary  act  of  the  Legis 
lature." — Yates'  Minutes,  p.  62. 

Mr.  Luther  Martin,  who  was  a  delegate  from  the  State  of 
Maryland,  in  the  General  Convention,  and  violently  opposed  to 
the  new  system  at  the  time,  in  his  report  to  the  Legislature  of 
Maryland,  on  the  subject  of  the  proceedings  of  the  Convention, 
thus  details  the  arguments  used  by  himself  and  his  friends :  "  It 
was  urged,  that  the  Government  we  were  forming,  was  not  in 
reality  a  Federal,  but  a  National  Government,  not  founded  on 
the  principles  of  the  preservation,  but  the  abolition  or  consoli 
dation  of  all  State  governments.  That  we  appeared  totally  to 
have  forgot  the  business  for  which  we  were  sent,  and  the  situa 
tion  of  the  country  for  which  we  were  preparing  our  system. 
That  we  had  not  been  sent  to  form  a  Government  over  the  in 
habitants  of  America,  considered  as  individuals,  that  as  individ 
uals  they  were  all  subject  to  their  respective  State  governments, 
which  governments  would  still  remain,  though  the  Federal 
Government  should  be  dissolved.  That  the  system  of  govern 
ment  we  were  entrusted  to  prepare,  was  a  government  over 
these  thirteen  States ;  but  that  in  our  proceedings,  we  adopted 
principles  which  would  be  right  and  proper  only  on  the  suppo 
sition  that  there  were  no  State  governments  at  all,  but  that  all 
the  inhabitants  of  this  extensive  continent  were  in  their  individ 
ual  capacity  without  government,  and  in  a  state  of  nature. 
That,  accordingly,  the  system  proposes  the  Legislature  to  con 
sist  of  two  branches,  the  one  to  be  drawn  from  the  people  at 
large,  immediately  in  their  individual  capacity,  the  other  to  be 


183 

chosen  in  a  more  select  manner,  as  a  check  upon  the  first.  It 
is  in  its  very  introduction,  declared  to  be  a  compact  between 
the  people  of  the  United  States,  as  individuals  ;  and  it  is  to  be 
ratified  by  the  people  at  large  in  their  capacity  as  individuals  ; 
all  which  it  was  said  would  be  quite  right  and  proper,  if  there 
were  no  State  governments,  if  all  the  people  of  this  continent 
were  in  a  state  of  nature,  and  we  were  forming  one  National 
Government  for  them  as  individuals,  and  is  nearly  the  same  as 
was  done  in  most  of  the  States,  when  they  formed  their  govern 
ments  over  the  people  who  compose  them." — Yates'  Minutes, 
pages  19,  20.  Notwithstanding  these  arguments,  the  Constitu- 
tution  was  prepared  and  adopted  on  the  principles  which  were 
thus  opposed  ;  and  we  have  here  the  commentary  of  one  of  the 
ablest  lawyers  that  this  country  ever  produced,  who  was  him- 
mself  a  member  of  the  Convention,  and  opposed  to  the  system, 
upon  that  very  instrument  ;  and  putting  it  beyond  all  doubt  and 
controversy,  that  it  was  the  design  of  the  Convention  to  abandon 
the  principle  of  a  compact  among  the  States  as  sovereigns,  and 
substitute  for  it,  that  of  a  government  established  by  the  people. 
The  same  view  of  the  subject  is  presented  in  the  Federalist,  a 
work  which  was  written  at  the  time  for  the  express  purpose  of 
explaining  and  recommending  the  new  Constitution,  and  which 
was  the  joint  production  of  three  of  the  ablest  men  of  the  day,  and 
has  been  regarded  and  relied  upon,  both  in  and  out  of  Congress, 
and  even  in  the  courts  of  justice,  as  presenting  a  most  able,  au 
thentic,  and  correct  exposition  of  its  principles.  The  conclu 
sion  of  the  twenty-second  number,  in  which  some  of  the  evils 
of  the  Old  Confederation,  are  pointed  out,  is  as  follows  :  "  It  has 
not  a  little  contributed  to  the  infirmities  of  the  existing  Federal 
system,  that  it  never  had  a  ratification  by  the  people.  Resting 
on  no  better  foundation  than  the  consent  of  the  several  Legisla 
tures,  it  has  been  exposed  to  frequent  and  intricate  questions 
concerning  the  validity  of  its  powers;  and  has,  in  some  in 
stances,  given  birth  to  the  enormous  doctrine  of  a  right  of  legis 
lative  repeal.  Owing  its  ratification  to  the  law  of  a  State,  it  has 
been  contended  that  the  same  authority  might  repeal  the  law 
by  which  it  was  ratified.  However  gross  a  heresy  it  may  be,  to 
maintain  that  a  party  to  a  compact  has  a  right  to  revoke  that 
compact,  the  doctrine  itself  has  had  respectable  advocates 


184 

The  possibility  of  a  question  of  this  nature,  proves  the  necessity 
of  laying  the  foundations  of  our  National  Government  deeper 
than  in  the  mere  sanction  of  delegated  authority.  The  fabric 
of  the  American  empire,  ought  to  rest  on  the  solid  basis  of  the 
consent  of  the  people.  The  streams  of  national  power  ought  to 
flow  immediately  from  that  pure  original  fountain  of  all  legiti 
mate  authority." 

It  is  unnecessary  to  multiply  quotations.  The  question  is 
not  under  what  name  the  Government  established  by  the  Con 
stitution  would  be  classed  by  political  writers  ;  whether  it  would 
be  called  a  Federal  Government,  or  a  National  Government,  or 
a  compound  of  the  two — but  simply  from  whom  does  it  derive 
its  powers  ?  whether  from  the  States  as  sovereigns  ?  or  from  the 
people  ?  It  thus  appears  from  the  Constitution  itself,  from  the 
journal  of  the  Convention,  from  the  debates  on  its  proceedings, 
from  the  reports  of  its  enemies,  and  from  the  arguments  of  its 
friends,  that  the  principle  on  which  it  was  founded,  was,  that  it 
was  to  be  a  government  emanating  from,  and  established  by  the 
people.  If  any  thing  more  were  wanting  to  make  assurance 
doubly  sure,  the  ratification  by  the  State  of  Virginia,  where 
more  opposition  was  experienced  than  in  any  other  State,  and 
more  debate  was  had  on  the  subject,  the  solemn  act  of  ratifica 
tion  by  that  State  recognizes  the  fact  in  so  many  words.  It  is 
as  follows  : 

"  We,  the  delegates  of  the  people  of  Virginia,  &c.  do,  in  the 
name  and  behalf  of  the  people  of  Virginia,  declare  and  make 
known,  that  the  powers  granted  under  the  Constitution,  being 
derived  from  the  people  of  the  United  States,  may  be  resumed 
by  them,  whensoever  the  same  shall  be  perverted  to  their  injury 
or  oppression  ;  and  that  every  power  not  granted  thereby,  re 
mains  with  them,  and  at  their  will,"  &c. — Elliott's  Debates,  vol. 
4,  p.  215. 

It  is  thus  established  beyond  a  doubt,  whether  we  regard  the 
instrument  itself,  or  its  cotemporaneous  history,  that  the  Consti 
tution  is  a  form  of  government  established  by  the  people,  and 
not  a  compact  or  treaty  among  the  States.  If  this  be  true,  then 
the  whole  system  of  nullification  topples  into  ruin. 

The  principle  on  which  that  system  is  built,  is,  that  the  Con 
stitution  is  a  treaty  between  sovereign  States  and  the  General 


185 

Government — an  agency  for  them.  The  moment  this  founda 
tion  is  destroyed,  the  whole  system  of  reasoning  fails  with  it. 
If  the  General  Government  be  one,  established  by  the  people  of 
the  United  States,  then  they  owe  it  allegiance,  and  may  be 
guilty  of  treason  towards  it.  Its  laws  are  supreme,  and  no  por 
tion  of  the  people  can  abrogate  them.  The  State  Governments 
are  component  but  subordinate  parts  of  the  system.  They  are  as 
necessary  and  useful  in  their  sphere  as  the  General  Government, 
but  that  portion  of  the  people  of  the  -United  States,  who  consti 
tute  a  particular  State,  can  have  no  more  right  to  nullify  or  sus 
pend  a  law  of  the  United  States,  than  a  smaller  portion  of  them, 
as  a  county  of  a  particular  State,  or  than  any  individual :  in 
other  words,  the  union  of  any  number,  whether  great  or  small, 
can  give  no  greater  or  other  right  than  that  which  belongs  to 
each  individual,  as  a  constitutional  measure.  It  is  to  be  recol 
lected,  that  the  ground  taken  by  the  Nullification  Party,  is,  that 
Nullification  is  a  right  consistent  with  the  Constitution,  and 
peaceable  in  its  nature.  In  order  to  sustain  that  position,  it 
was  essential  to  show  that  the  Constitution  is  a  treaty  between 
sovereign  States,  and  that  in  such  case  there  could  be  no  com 
mon  arbiter,  but  that  each  was  entitled  to  construe  the  instru 
ment  for  itself,  and  was  bound  only  by  moral  obligation  to  ob 
serve  its  stipulations,  and  was  therefore  the  judge  of  their 
infraction,  and  of  the  measure  and  mode  of  redress.  But  so  far 
from  this  being  true,  it  has  been  shown  that  the  Constitution  is 
a  form  of  government  established  by  the  people  of  the  United 
States  ;  and  having  provided  a  tribunal  for  the  settlement  of  all 
controversies  arising  under  its  provisions,  or  the  laws  of  the 
United  States,  it  necessarily  follows,  that  no  other  mode  of  de 
cision  can  be  resorted  to  as  consonant  with  its  principles. 

If  the  ground  had  been  taken,  that  it  was  a  revolutionary 
measure,  and  justified  on  the  great  principle  of  self-preservation, 
it  would  have  had  the  merit  of  being  intelligible;  and,  if  true, 
would  have  enlisted  the  sympathies  of  other  States,  and,  indeed, 
of  other  nations.  In  such  a  case  it  would  be  an  appeal  to  arms, 
and  the  legal  consequences  of  such  a  step  would  have  to  be 
met.  The  case  would  then  be  one  of  an  insurrection  of  a  por 
tion  of  the  people  against  the  Government,  in  consequence  of 
alleged  oppression.  But  it  was  clearly  seen,  that  the  real  state 
25 


186 

of  the  case  would  not  justify  such  a  measure.  It  was  clearly 
seen,  that  neither  the  rest  of  the  people  of  the  United  States,  nor 
any  portion  of  the  world,  could  be  made  to  believe  that  in  the 
midst  of  so  much  general  happiness  and  prosperity,  in  a  time  of 
profound  peace,  with  an  overflowing  treasury,  and  under  such  a 
Government  as  that  of  the  United  States,  such  a  case  of  oppress 
ion  could  be  made  out,  as  would  justify  rebellion.  It  was  there 
fore  necessary  to  resort  to  this  doctrine  of  nullification,  for  the 
purpose  of  disguising  the  real  nature  of  the  measure,  and  to  give 
to  a  contemplated  resistance  the  air  of  constitutional  right. 
The  act  of  nullification  is,  itself,  nullity,  and  the  consequences 
are  treason. 

The  State  governments,  it  is  true,  are  sovereign  for  some 
purposes;  but  have,  by  the  Constitution  of  the  United  States, 
been  stripped  of  most  of  the  essential  attributes  of  sovereignty — 
such  as  the  right  to  declare  war,  make  peace,  enter  into  treaties 
and  alliances,  coin  money,  &c.  It  is  a  matter  of  no  sort  of  im 
portance,  which  instrument  happened  to  precede  the  other  in 
point  of  time,  whether  the  Constitution  of  the  State,  or  the 
Constitution  of  the  United  States.  The  latter  instrument  hav 
ing  been  declared  the  supreme  law,  and  being  the  work  of  the 
same  people,  necessarily  controls  and  abridges  any  sovereign 
power  vested  in  the  State  Governments  under  the  State  Consti 
tutions.  It  is  needless  to  pursue  the  subject  further ;  it  is  apparent 
that  the  State  of  South  Carolina  has  no  such  right  as  she  claims 
under  the  Constitution.  And  if  she  can  justify  the  measure  at 
all,  it  must  be  on  the  ground  of  intolerable  oppression,  and  the 
unconstitutionally  of  the  acts  complained  of;  but,  on  this 
ground,  the  rights  of  her  whole  body  of  citizens,  or  any  portion 
of  them,  are  no  other  and  no  greater  than  those  of  the  humblest 
individual  in  the  community  ;  but  they  cannot  trammel  up  the 
consequences.  Their  political  organization  as  a  State,  may 
furnish  readier  means  of  resistance  and  greater  probabilities  of 
success,  but  the  consequences  are  the  same.  They  cannot 
sanctify  or  legalize  resistance,  and  the  predicament  in  which 
the  individual  may  stand,  if  mistaken  in  his  judgment,  is  that  of 
a  traitor  to  his  country. 

The  view  here  taken  of  the  origin  of  the  Government,  and  the 
nature  of  the  Constitution,  is  confirmed  by  the  solemn  decisions 


187 

of  that  great  tribunal  which  has  been  created  by  that  instru 
ment,  and  which  is  the  sole  and  proper  one  for  the  settlement  of 
all  controversies  arising  under  it.  The  language  of  the  Su 
preme  Court,  as  delivered  by  Chief  Justice  Marshall,  in  the  case 
of  M'Cullough  against  the  State  of  Maryland,  is  as  follows  : 
"In  discussing  this  question,  the  counsel  for  the  State  of  Mary 
land  have  deemed  it  of  some  importance  in  the  construction  of 
the  Constitution,  to  consider  that  instrument  not  as  emanating 
from  the  people,  but  as  the  act  of  sovereign  and  independent 
States.  The  powers  of  the  General  Government,  it  has  been 
said,  are  delegated  by  the  States,  who  alone  are  truly  sove 
reign  ;  and  must  be  exercised  in  subordination  to  the  States, 
who  alone  possess  supreme  dominion.  It  would  be  difficult  to 
sustain  this  proposition.  The  Convention  which  framed  the 
Constitution,  was  indeed  elected  by  the  State  Legislatures. 
But  the  instrument,  when  it  came  from  their  hands,  was  a  mere 
proposal,  without  obligations  or  pretentions  to  it,  It  was  re 
ported  to  the  then  existing  Congress  of  the  United  States,  with 
a  request  that  it  might  '  be  submitted  to  a  Convention  of  Dele 
gates  chosen  in  each  State,  by  the  people  thereof,  under  the 
recommendation  of  its  Legislature,  for  their  assent  and  ratifica 
tion.'  This  mode  of  proceeding  was  adopted  ;  and  by  the  Con 
vention,  by  Congress,  and  by  the  State  Legislatures,  the  instru 
ment  was  submitted  to  the  people.  They  acted  upon  it  in  the 
only  manner  in  which  they  can  act  safely,  effectually,  and  wisely 
on  such  a  subject,  by  assembling  in  Convention.  It  is  true, 
they  assembled  in  their  several  States — and  where  else  should 
they  have  assembled  ?  No  political  dreamer  was  ever  wild 
enough  to  think  of  breaking  down  the  lines  which  separate  the 
States,  and  of  compounding  the  American  people  into  one  com 
mon  mass.  Of  consequence,  when  they  act,  they  act  in  their 
States.  But  the  measures  they  adopt,  do  not  on  that  account 
cease  to  be  the  measures  of  the  people  themselves,  or  become 
the  measures  of  the  State  Governments.  From  these  conven 
tions  the  Constitution  derives  its  whole  authority.  The  Govern 
ment  proceeds  directly  from  the  people,  is  '  ordained  and  estab 
lished'  in  the  name  of  the  people ;  and  is  declared  to  be 
ordained  in  order  to  form  a  more  perfect  union,  establish  justice, 
ensure  domestic  tranquillity,  and  secure  the  blessings  of  liberty 


188 

to  themselves  and  to  their  posterity." — Wheaton's  Rep.  vol.  4, 
p.  403. 

The  same  principles  are  recognized  as  being  true  in  the  late 
admirable  Proclamation  of  the  President  of  the  United  States. 

As  to  the  doctrine  of  Nullification,  your  Committee  would 
scarcely  have  considered  it  worth  the  trouble  of  discussion,  but 
for  the  grave  sanction  that  has  thus  been  given  to  it  by  the 
Convention  of  South  Carolina.  They  would  have  treated  it  as 
one  of  those  conceits  which  might  have  formed  the  subject  of 
debate  in  a  Moot  Court  of  a  law  school,  but  would  never  have 
conceived  it  possible  that  it  could  enter  into  the  business  reali 
ties  of  life. 

Under  the  view  which  had  been  taken  of  the  subject,  it  is 
scarcely  necessary  to  inquire  into  the  grounds  of  complaint, 
since  they  are  not  deemed  strong  enough,  even  on  the  part  of  the 
Convention,  to  warrant  a  revolutionary  measure — or,  in  other 
words,  rebellion  ;  and  the  particular  subject  of  attention  under 
the  communication,  is  the  attitude  assumed  by  the  State  on  the 
ground  of  her  sovereign  power. 

But  your  Committee  cannot  forbear  from  expressing  the  opin 
ion,  that  their  views  of  political  economy  are  as  erroneous  as 
their  constitutional  principles.  They  conceive  that  it  would  be 
no  difficult  matter  to  show  that  the  distress  of  South  Carolina 
may  be  imputed  to  very  different  causes  than  those  assigned, 
and  might  be  traced  with  much  more  semblance  of  reason, 
among  other  causes,  to  the  increased  production  of  their  prin 
cipal  staple,  both  here  and  in  other  parts  of  the  world  ;  but 
your  Committee  refrain  from  touching  further  on  this  subject. 
They  cannot  perceive  that  the  people  of  South  Carolina  have 
any  constitutional  cause  of  complaint.  If  there  is  distress 
among  them,  it  is  a  matter  in  which  we  deeply  sympathize. 
But  if  in  the  due  administration  of  the  General  Government,  any 
measure  has  borne  hardly  upon  them,  we  know  of  but  one  rem 
edy  under  the  Constitution  and  Laws,  and  that  is  in  the  exercise 
of  the  elective  franchise. 

Your  Committee  abstain  from  the  expression  of  any  hopes  or 
wishes  on  the  subject,  they  lament  the  delusion  under  which 
they  believe  a  portion  of  the  people  of  that  State  labor.  But 
they  are  free  to  say,  that  as  the  people  of  this  State  were  the 


189 


first  to  adopt  the  present  Government,  they  will  be  the  last  to 
abandon  it ;  and  that  whenever  and  wherever  the  exigency  may 
arise  they  will  be  found  on  the  side  of  the  Constitution  and  the 
Country. 

Your  Committee  therefore  report  the  following  Resolutions  : 


RESOLVES. 


WHEREAS,  a  Convention  of  tfie  people  of  the  State  of  South 
Carolina  has  undertaken,  by  an  ordinance  passed  in  November 
last,  to  declare  certain  acts  of  Congress,  for  imposing  duties  and 
imposts  on  the  importation  of  foreign  commodities,  null  and 
void,  and  not  binding  on  the  State,  its  officers  and  citizens  ;  and 
has  prohibited  the  enforcement  of  those  laws  within  the  limits  of 
that  State,  and  has  also  prohibited  any  appeal  from  the  decisions 
of  the  State  Courts,  wherein  the  authority  of  the  ordinance  shall 
be  drawn  in  question,  to  the  United  States  Courts  :  And 
whereas,  this  measure  has  been  communicated  by  order  of  the 
Convention  to  the  Governor  of  this  State,  for  the  purpose  of  be 
ing  laid  before  the  Legislature,  and  it  is  expedient  that  the 
sense  of  the  people  of  this  State  should  be  expressed  in  relation 
thereto — Therefore, 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  State 
of  Delaware,  in  General  Assembly  met,  That  the  Constitution  of 
the  United  States  is  not  a  treaty  or  compact  between  sovereign 
States,  but  a  form  of  Government  emanating  from,  and  estab 
lished  by,  the  authority  of  the  people  of  the  United  States  of 
America. 

Resolved,  That  the  Government  of  the  United  States,  although 
one  of  limited  powers,  is  supreme  within  its  sphere,  and  that  the 
people  of  the  United  States  owe  to  it  an  allegiance  which  can 
not  be  withdrawn,  either  by  individuals  or  masses  of  individuals, 
without  its  consent. 

Resolved,  That  the  Supreme  Court  of  the  United  States  is  the 
only  and  proper  tribunal  for  the  settlement,  in  the  last  resort,  of 
controversies  in  relation  to  the  Constitution  and  the  Laws  of  Con 
gress. 

Resolved,  That  if  in  the  regular  action  of  the  Government, 
mischief  of  any  kind  be  produced,  the  proper  remedy  is  to  be 
found  in  the  elective  franchise,  and  the  responsibility  of  its  offi 
cers. 


191 

Resolved,  That  in  cases  of  gross  and  intolerable  oppression, 
which  in  a  Government  like  that  of  the  United  States,  can  be 
little  else  than  a  hypothesis,  the  natural  right  of  self  defence  re 
mains  ;  but  which  must,  in  the  nature  of  things,  be  an  appeal  to 
arms,  and  subject  to  all  the  consequences  of  resistance  to  the 
constituted  authorities.  In  such  a  case  the  measure  is  revolu 
tionary,  and  the  result  remains  in  the  hands  of  the  Almighty. 

Resolved,  That  the  Convention  of  South  Carolina  can  have  no 
other  or  greater  right  to  annul  or  resist  the  laws  of  Congress, 
than  any  assemblage  of  an  equal  number  of  individuals  in  any 
part  of  the  United  States ;  nor  can  any  assemblage,  however 
large,  have  any  other  or  greater  right,  for  such  a  purpose,  than 
belongs  to  each  individual  citizen,  considered  as  a  constitutional 
measure. 

Resolved^  That  it  is  a  subject  of  regret,  that  such  a  delusion 
should  exist  among  any  portion  of  the  citizens  of  that  State, 
towards  whom  the  people  of  this  State,  entertain  the  kindest 
feelings,  with  whom  they  stood  side  by  side  in  the  war  of  the 
revolution,  and  in  whose  defence  their  blood  was  freely  spilt. 
But  if  the  measure  which  has  been  adopted  is  intended  ab  the 
precursor  of  resistance  to  the  government,  the  people  of  Dela 
ware  will  not  falter  in  their  allegiance,  but  will  be  found  now  as 
then,  true  to  their  country  and  its  government. 

Resolved,  That  we  cordially  respond  to  the  sentiments  on  this 
subject,  contained  in  the  able  Proclamation  of  the  President  of 
the  United  States,  and  shall  be  at  all  times  prepared  to  support 
the  Governmont  in  the  exercise  of  its  constitutional  rights,  and 
in  the  discharge  of  its  constitutional  duties. 

Resolved^  That  the  Governor  be  requested  to  transmit  a  copy 
of  these  Resolutions  and  the  accompanying  Report  of  the  Com 
mittee  to  the  President  of  the  United  States,  to  each  of  our 
Senators  and  our  Representatives  in  Congress,  and  to  the  Gov 
ernors  of  the  respective  States  and  Territories  of  the  United 
States  of  America. 

JOSHUA  BURTON, 

Speaker  of  the  Senate. 
THOMAS  DAVIS, 
Speaker  of  the  House  of  Representatives. 

Passed  at  Dover,  January  16th,  1833. 


RESOLVES 


OF    THE 


LEGISLATURE 


OF 


VIRGINIA. 


26 


RESOLVES. 


WHEREAS,  the  General  Assembly  of  Virginia,  actuated  by  an 
ardent  desire  to  preserve  the  peace  and  harmony  of  our  common 
country — relying  upon  the  sense  of  justice  of  the  people  of  each 
and  every  State  of  the  Union,  as  a  sufficient  pledge  that  their 
Representatives  in  Congress,  will  so  modify  the  acts  laying  du 
ties  and  imposts  on  the  importation  of  foreign  commodities, 
commonly  called  the  Tariff  Acts,  that  they  will  no  longer  fur 
nish  cause  of  complaint  to  the  people  of  any  particular  State  ; 
believing,  accordingly,  that  the  people  of  South  Carolina  are 
mistaken  in  supposing  that  Congress  will  yield  them  no  relief 
from  the  pressure  of  those  acts,  especially  as  the  auspicious  ap 
proach  of  the  extinguishment  of  the  public  debt  affords  a  just 
ground  for  the  indulgence  of  a  contrary  expectation ;  and  con 
fident  that  they  are  too  strongly  attached  to  the  union  of  the 
States,  to  resort  to  any  proceedings  which  might  dissolve  or  en 
danger  it,  whilst  they  have  any  fair  hope  of  obtaining  their  ob 
ject  by  more  regular  and  peaceful  measures ;  persuaded,  also, 
that  they  will  listen  willingly  and  respectfully  to  the  voice  of 
Virginia,  earnestly  and  affectionately  requesting  and  entreating 
them  to  rescind  or  suspend  their  late  Ordinance,  and  await  the 
result  of  a  combined  and  strenuous  effort  of  the  friends  of  union 
and  peace,  to  affect  an  adjustment  and  reconciliation  of  all  pub 
lic  differences  now  unhappily  existing ;  regarding,  moreover,  an 
appeal  to  force  on  the  part  of  the  General  Government,  or  on 
the  part  of  the  Government  of  South  Carolina,  as  a  measure 
which  nothing  but  extreme  necessity  could  justify  or  excuse  in 
either  5  but,  apprehensive  at  the  same  time,  that  if  the  present 
state  of  things  is  allowed  to  continue,  acts  of  violence  will  oc 
cur,  which  may  lead  to  consequences  that  all  would  deplore, 
cannot  but  deem  it  a  solemn  duty  to  interpose  and  mediate  be- 


196 

tween  the  high  contending  parties,  by  the  declaration  of  their 
opinions  and  wishes,  which  they  trust  that  both  will  consider  and 
respect.  Therefore, 

1 .  Resolved,  by  the  General  Assembly,  in  the  name  and  on  behalf  of 
the  people  of  Virginia,  That  the  competent  authorities  of  South 
Carolina  be,  and  they  are  hereby  earnestly  and  respectfully  re 
quested  and  entreated  to  rescind  the  Ordinance  of  the  late  Con 
vention  of  that  State,  entitled  "  An  Ordinance  to  Nullify  certain 
Acts  of  the  Congress  of  the  United  States,  purporting  to  be  laws 
laying  duties  and  imposts  on  the  importation  of  foreign  com 
modities  ;"  or,  at  least  to  suspend  its  operation  until  the  close  of 
the  first  session  of  the  next  Congress. 

2.  Resolved,  That  the  Congress  of  the  United  States  be,  and 
they  are  hereby  earnestly  and  respectfully  requested  and  entreat 
ed,  so  to  modify  the  Acts  laying  duties  and  imposts  on  the  impor 
tation  of  foreign  commodities,  commonly  called  the  Tariff  Acts, 
as  to  effect  a  gradual  but  speedy  reduction  of  the  resulting  reve 
nue  of  the  General  Government,  to  the  standard  of  the  necessary 
and  proper  expenditure  for  the  support  thereof. 

3.  Resolved,  That  the  people  of  Virginia  expect,  and  in  the 
opinion  of  the  General  Assembly,  the  people  of  the  other  States 
have  a  right  to  expect,  that  the  General  Government,  and  the 
Government  of  South  Carolina,  and  all  persons  acting  under  the 
authority  of  either,  will  carefully  abstain  from  any  and  all  acts 
whatever,  which  may  be  calculated  to  disturb  the  tranquillity  of 
the  country,  or  endanger  the  existence  of  the  Union. 

AND,  WHEREAS,  considering  the  opinions  which  have  been  ad 
vanced  and  maintained  by  the  Convention  of  South  Carolina,  in 
its  late  Ordinance  and  Addresses,  on  the  one  hand,  and  by  the 
President  of  the  United  States,  in  his  Proclamation,  bearing 
date  the  10th  day  of  December,  1832,  on  the  other,  the  Gene 
ral  Assembly  deem  it  due  to  themselves,  and  the  people  whom 
they  represent,  to  declare  and  make  known  their  own  views  in 
relation  to  some  of  the  important  and  interesting  questions 
which  these  papers  present.  Therefore, 

4.  Resolved  by  the    General  Assembly,  That  they  continue  to 
regard  the  doctrines  of  State  Sovereignty  and  State  Rights,  as 


197 

set  forth  in  the  Resolutions  of  1798,  and  sustained  by  the  Re 
port  thereon  of  1799,  as  a  true  interpretation  of  the  Constitution 
of  the  United  States,  and  of  the  powers  therein  given  to  the 
General  Government ;  but  that  they  do  not  consider  them  as 
sanctioning  the  proceedings  of  South  Carolina,  indicated  in  her 
said  Ordinance  ;  nor  as  countenancing  all  the  principles  as 
sumed  by  the  President  in  his  said  Proclamation — many  of 
which  are  in  direct  conflict  with  them. 

5.  Resolved,  That  this  House  will,  by  joint  vote  with  the  Sen 
ate,  proceed  on  this  day  to  elect  a  Commissioner,  whose  duty  it 
shall  be  to  proceed  immediately  to  South  Carolina,  and  commu 
nicate  the  foregoing  Preamble  and  Resolutions  to  the  Governor 
of  that  State,  with  a  request  that  they  be  communicated  to  the 
Legislature  of  that  State,  or  any  Convention   of  its  citizens,  or 
give  them  such  other  direction,  as  in  his  judgment  may  be  best 
calculated  to  promote  the  objects  which  this  Commonwealth 
has   in   view  ;  and  that  the  said    Commissioner  be  authorized 
to  express  to  the  public  authorities  and  people  of  our  sister 
State,  in  such  manner  as  he  may  deem  most  expedient,  our  sin 
cere  good  will  to  our  Sister  State,  and  our  anxious  solicitude 
that  the  kind  and  respectful  recommendations  we  have  address 
ed  to  her,  may  lead  to  an  accommodation  of  all  the  difficulties 
between  that  State  and  the  General  Government. 

6.  Resolved,  That  the  Governor  of  the  Commonwealth  be,  and 
he  hereby  is  requested  to  communicate  the  foregoing  Preamble 
and  Resolutions  to  the  President  of  the  United  States,  to  the 
Governors  of  the  other  States,  and  to  our  Senators  and  Repre 
sentatives  in  Congress. 

VIRGINIA — City  of  Richmond,  to  wit : 

I,  GEORGE  W.  MUNFORD,  Clerk  of  the  House  of  Delegates, 
and  Keeper  of  the  Rolls  of  the  Commonwealth  of  Virginia,  do 
hereby  certify  and  make  known,  that  the  foregoing  is  a  true 
copy  of  a  Preamble  and  Resolutions  adopted  by  the  General 
Assembly  of  Virginia,  on  the  26th  day  of  January,  1833. 

Given  under  my  hand,  this  8th  of  February,  1833. 

GEORGE  W.  MUNFORD,  C.  H.  D 

And  Keeper  of  the  Rolls  of  Virginia. 


RESOLVES 


OF   THE 


LEGISLATURE 


OF 


NORTH  CAROLINA. 


RESOLVES. 


IN  GENERAL  ASSEMBLY. 

Resolved,  That  the  General  Assembly  of  the  State  of  North 
Carolina  doth  entertain,  and  doth  unequivocally  express  a  warm 
attachment  to  the  Constitution  of  the  United  States. 

Resolved,  That  the  General  Assembly  doth  solemnly  declare 
a  devoted  attachment  to  the  Federal  Union,  believing  that  on 
its  continuance  depend  the  liberty,  the  peace  and  prosperity  of 
these  United  States. 

Resolved,  That  whatever  diversity  of  opinion  may  prevail  in 
this  State,  as  to  the  constitutionality  of  the  acts  of  Congress 
imposing  duties  on  imports  for  protection,  yet,  it  is  believed,  a 
large  majority  of  the  people  think  those  acts  unconstitutional ; 
and  they  are  united  in  the  sentiment,  that  the  existing  Tariff  is 
impolitic,  unjust  and  oppressive  ;  and  they  have  urged,  and  will 
continue  to  urge  its  repeal. 

Resolved,  That  the  doctrine  of  Nullification  as  avowed  by  the 
State  of  South  Carolina,  and  lately  promulgated  in  an  Ordinance, 
is  revolutionary  in  its  character,  subversive  of  the  Constitution  of 
the  United  States  and  leads  to  a  dissolution  of  the  Union. 

Resolved,  That  our  Senators  in  Congress  be  instructed,  and 
our  Representatives  be  requested  to  use  all  constitutional  means 
in  their  power,  to  procure  a  peaceable  adjustment  of  the  exist 
ing  controversy  between  the  State  of  South  Carolina  and  the 
General  Government,  and  to  produce  a  reconciliation  between 
the  contending  parties. 

Resolved  further,  That  a  copy  of  these  resolutions,  be  respect 
fully  communicated  by  his  Excellency  the  Governor  of  this  State, 
to  the  President  of  the  United  States,  the  Governors  of  the  sev- 
27 


202 

eral   States,  and  to  our  Senators  and  Representatives  in  Con 
gress. 

Read  three  times  and   ratified  in  General  Assembly,  this  5th 
day  of  January,  1833. 

LOUIS  D.  HENRY,  S.  H.  C. 
W.  D.  MOSELY,  S.  S. 


RESOLVES 


LEGISLATURE 


OHIO 


RESOLVES 

.On  the  subject  of  the  South  Carolina  Ordinance. 

WHEREAS,  His  Excellency  the  Governor,  has  transmitted  to 
this  General  Assembly,  the  Ordinance  of  the  late  Convention  of 
the  people  of  South  Carolina,  together  with  the  proceedings  of 
that  body,  whose  object  appears  to  be,  a  resistance  to  the  collec 
tion  of  duties,  imposts,  &c.  upon  foreign  commodities,  imported 
into  that  State,  by  nullifying  the  acts  of  Congress,  providing  for 
the  levying  and  collecting  such  duties.  And  this  General  Assem 
bly  cannot  but  view,  with  the  deepest  regret,  the  avowed  deter 
mination  of  a  majority  of  the  citizens  of  the  State  of  South  Car 
olina,  to  resist  the  operation  of  the  laws  of  the  General  Govern 
ment,  in  the  manner  pointed  out  by  the  ordinance  adopted  by 
their  late  Convention  ;  and  we  have  no  doubt  that  such  a  course, 
if  persisted  in,  must  inevitably  lead  to  consequences  the  most 
disastrous,  and  ruinous  to  the  peace,  prosperity  and  happiness  of 
our  common  country. 

Being  connected,  as  we  are,  with  our  brethren  of  South  Car 
olina  by  the  strongest  ties  of  consanguinity,  and  endeared  by  the 
mutual  reciprocity  of  friendly  intercourse  and  national  attach 
ment,  and  being  sensible  of  the  importance  of  our  connexion 
as  States,  belonging  to  the  same  Federal  Union,  we  cannot  but 
deprecate  every  effort  or  measure  which  is  calculated,  in  the  re 
motest  degree,  to  operate  to  the  severance  of  any  of  those  ties, 
or  render  doubtful  the  permanent  existence  of  our  Confederacy. 
And  entertaining,  as  we  do,  the  most  implicit  confidence  in  the 
wisdom,  justice,  and  integrity  of  the  General  Government,  we 
are  well  persuaded  that  no  partial  evil  would  be  permitted  to  ex 
ist  in  any  particular  section  of  the  Union,  should  it  not  be  appa 
rent  that  such  evil  was  fully  overbalanced  by  a  general  benefit 
afforded  by  the  same  policy,  out  of  which  that  evil  was  found  to 
spring  up.  Such  evils,  if  such  exist,  we  should  endeavor  to  rem 
edy  in  a  spirit  of  moderation  and  good  faith,  to  the  end,  that  the 


206 

unparalleled  prosperity  of  the  whole  Union,  unequalled  as  it  is, 
in  the  history  of  civilized  man,  may  not  be  intercepted,  or  paral- 
ized  in  any  of  its  parts. 

Believing  that  the  prosperity  and  independence  of  this  Repub 
lic,  mainly  depend  upon  the  general  peace  and  harmony  which 
ought  to  exist  among  the  several  States,  and  that  all  should  ever 
keep  in  view  the  adopted  maxim,  "united  we  stand,  divided  we 
fall,"  we  feel  it  a  duty,  therefore,  as  American  citizens,  to  cling, 
with  pertinacity,  to  the  Constitution  of  the  United  States,  and  to 
the  preservation  of  the  Union  of  the  States.  We  cannot,  there 
fore,  view  with  indifference,  much  less  can  we  lend  our  aid  to 
any  measure  which  is  calculated  to  disturb  the  integrity  of  that 
Union. 

Resolved,  therefore,  by  the  General  Assembly  of  the  State  of  Ohio, 
That  we  view  with  the  deepest  regret  the  unhappy  movements, 
and  apparent  determination  of  the  late  Convention  of  the  people  of 
South  Carolina,  to  Nullify  the  Laws  of  the  General  Government, 
made  in  conformity  to  the  Constitution  of  the  United  States. 

Resolved,  That  the  Federal  Union  exists  in  a  solemn  compact, 
entered  into  by  the  voluntary  consent  of  the  people  of  the  United 
States,  and  of  each  and  every  State,  and  that,  therefore,  no  State 
can  claim  the  right  to  secede  from,  or  violate  that  compact,  and 
however  grievous  may  be  the  supposed  or  real  burthens  of  a 
State,  the  only  legitimate  remedy  is  in  the  wise  and  faithful  ex 
ercise  of  the  elective  franchise,  and  the  solemn  responsibility  of 
the  public  agents. 

Resolved,  That  the  doctrine,  that  a  State  has  the  power  to 
Nullify  a  Law  of  the  General  Government,  is  revolutionary  in  its 
character,  and  is,  in  its  nature,  calculated  to  overthrow  the  great 
Temple  of  American  Liberty.  Such  a  course  cannot  absolve 
that  allegiance  which  the  people  of  this  Union,  owe  to  the  su 
premacy  of  the  laws. 

Resolved,  That  in  levying  and  collecting  duties,  imposts  and 
excises,  whilst  the  general  good  should  be  the  primary  object,  a 
special  regard  ought  to  be  had  to  the  end,  that  the  interest  and 
prosperity  of  every  section  of  the  country,  should  be  equally  con 
sulted,  and  its  burthens  proportionably  distributed. 

Resolved,  That  the  first  object  of  the  American  people,  should 
be,  to  cherish  the  most  ardent  attachment  to  the  Constitution 


207 

and  Laws  of  this  Union ;  and  as  a  first  and  paramount  object  of 
a  free  people,  we  should  use  every  honorable  means  to  preserve 
the  honor  and  integrity  of  the  Union. 

Resolved,  That  the  Governor  be  requested  to  transmit  copies 
of  the  foregoing  preamble  and  resolutions  to  the  President  of  the 
United  States,  and  to  the  Executives  of  the  several  States. 

DAVID  T.  DISNEY, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  MILLER, 

Speaker  of  the  Senate. 
February  25th,  1833. 


208 


RESOLVES 

In  relation  to  a  call  of  a  Convention  to  amend  the  Constitution 
of  the  United  States. 

Resolved,  ly  the  General  Assembly  of  the  State  of  Ohio,  That  in 
the  opinion  of  this  General  Assembly,  it  is  inexpedient,  at  the 
present  time,  to  apply  to  the  Congress  of  the  United  States,  for 
a  call  of  a  Convention  of  the  people  to  amend  the  Constitution  of 
the  United  States,  or  to  call  a  Convention  of  the  States  to  con 
sider  and  define  questions  of  disputed  powers,  which  may  have 
arisen  between  any  State  of  this  Confederacy  and  the  General 
Government. 

Resolved  further,  That  His  Excellency  the  Governor  be,  and 
he  is  hereby  requested  to  transmit  copies  of  the  foregoing  reso 
lution  to  each  of  the  Executives  of  the  several  States  of  this 
Union,  for  the  consideration  of  the  Legislatures  thereof. 

DAVID  T.  DISNEY, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  MILLER. 

Speaker  of  the  Senate. 

February  25th,  1833. 


209 


RESOLVES 

Relating  to  the  President's  Proclamation  and  Message. 

Resolved  by  the  General  Assembly  of  the  State  of  Ohio,  That  this 

Legislature  do  cordially  approve  of  the  exposition  of  the  princi- 

>f  the  Constitution  of  the  United  States,  touching  the  per- 

ious  doctrines  of  nullification  and  secession,  set  forth  in  the 

Proclamation  of  the  President  of  the  United  States,  of  the  tenth 

December  last,  and  in  his  late  Message  to  Congress,  and  that 

Legislature  do  also  feel  the  strongest  assurance  that  the 

>nnciples  contained  in  that  exposition,  will  be  firmly  sustained 

by  the  people  of  Ohio. 

Resolved,  That  the  Governor  be  requested  to  forward  a  copy 
the  foregoing  resolution  to  the  President  of  the  United  States 
to  the  Executive  of  each  of  the  United  States,  and  to  each  of  our 
senators  and  Representatives  in  Congress. 

DAVID  T.  DISNEY, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  MILLER, 

Speaker  of  the  Senate. 
February  25th,  1833. 

SECRETARY  OF  STATE'S  OFFICE,          ) 
COLUMBUS,  OHIO,  Feb.  26,  1833.  5 

I  hereby  certify,  that  the  foregoing  Resolutions  are  true  copies 
the  original  rolls  now  on  file  in  this  office. 

MOSES  H.  KIRBY, 

Secretary  of  State. 


28 


RESOLVES 


LEGISLATURE 


OF 


INDIANA. 


RESOLVES 

Relative  to  the  Proceedings  of  a  late  Convention  of  South 
Carolina,  and  to  the  President's  Proclamation  in  relation 
thereto. 

WHEREAS,  An  unusual  and  alarming  excitement  prevails  in  the 
State  of  South  Carolina,  on  the  subject  of  the  Tariff  Laws,  awak 
ened,  as  is  believed,  by  a  mistaken  view  of  their  constitutionali 
ty,  and  by  exaggerated  representations  of  their  unequal  opera 
tion  ;  and  whereas,  heretical  and  dangerous  doctrines  have 
sprung  up  under  the  name  of  Nullification,  in  which  the  consti 
tutional  right  in  a  state,  to  render  nugatory  and  resist  the  laws 
of  the  United  States,  and  to  secede  from  the  Union,  is  boldly 
assumed  ;  and  whereas,  a  Convention,  delegated  from  a  portion 
of  the  citizens  of  that  State,  has  recently  passed  an  Ordinance, 
a  copy  of  which,  and  of  the  report  of  a  Committee  of  said 
Convention  thereon,  and  of  Addresses  to  the  people  of  the  sev 
eral  States  and  of  South  Carolina,  transmitted  by  order  of  the 
said  Convention,  through  the  Governor  of  that  State  to  the  Gov 
ernor  of  Indiana,  avowedly  for  the  information  of  this  Legisla 
ture,  are  now  before  the  same  ;  and  whereas,  we,  the  Represen 
tatives  of  the  People  of  Indiana,  view  the  doctrines  contained 
in  those  documents,  as  carrying  with  them  internal  evidence  of 
their  impracticability,  absurdity,  and  treasonable  tendency  ;  and 
whereas,  we  regard  the  said  Ordinance  as  prescribing  to,  and 
attempting  to  enforce  upon  the  people  of  South  Carolina,  "  a 
course  of  conduct,  in  violation  of  their  duty  as  citizens  of  the 
United  States,  contrary  to  the  laws  of  their  country,  subversive 
of  its  Constitution,  and  as  having  for  its  object  the  destruction 
of  the  Union,"  and  as  a  necessary  consequence,  the  prostration 
of  our  liberties  :  Therefore, 

Resolved,  by  the  General   Assembly  of  the    State  of  [ndiana, 
that  we  deeply  deplore  the  political  heresies,  and  threatened  dis- 


214 

organization,  recently  promulgated  by  a  portion  of  our  brethren 
of  South  Carolina. 

Resolved,  That  we  cordially  concur  in  the  persuasive  appeals 
of  our  venerable  Chief  Magistrate,  to  the  people  of  South  Car 
olina,  to  pause  ere  it  be  too  late  to  save  themselves  from  ruin. 

Resolved,  That  the  sentiment,  "  our  Union  must  be  preserved," 
meets  with  a  hearty  response  from  the  people  of  Indiana,  bound 
as  they  are,  by  interest  and  honor,  to  that  confederacy  into 
which  they  voluntarily  entered,  and  from  which  they  will  never 
willingly  be  severed. 

Resolved,  That  we  regard  the  present  juncture  of  our  national 
affairs,  as  involving  the  preservation  of  our  liberties,  and  as 
scarcely  inferior  in  importance  to  that  in  which  they  were 
achieved. 

Resolved,  That  as  regards  this  important  question,  all  minor 
differences  should  be  forgotten  ; — that  devotion  to  party  should 
be  lost  in  devotion  to  country,  and  that  the  great  contest  among 
Americans,  should  be,  as  to  the  means  best  calculated  to  prevent 
the  temple  of  our  Union  from  crumbling  into  ruins. 

Resolved,  That  the  constitutional  doctrines  advanced,  and 
views  of  policy  embraced  in  the  President's  Proclamation  on  the 
present  difficulties  in  South  Carolina, — the  patriotic  spirit  per 
vading  that  able  document,  and  the  prompt  and  decisive  manner 
in  which  he  has  rebuked  the  pernicious  doctrines,  and  unjustifi 
able  course,  recently  adopted  by  a  portion  of  the  citizens  of 
that  State,  command  our  entire  approbation,  and  have  crowned 
with  new  laurels  the  "  Defender  of  his  Country." 

Resolved,  That  at  the  present  alarming  and  eventful  crisis, 
we  conceive  it  to  be  a  solemn  and  paramount  duty  of  the  peo 
ple  of  the  different  States  to  express  through  their  Representa 
tives,  a  firm  and  unwavering  determination,  to  protect  "the  Ark 
of  our  political  safety"  from  the  hand  of  violence,  and  to  pledge 
their  support  in  furtherance  of  the  laudable  resolution  of  the 
National  Executive,  "  to  take  care  that  the  Republic  receive  no 
detriment." 

Resolved,  That  the  Governor  of  this  State  be  requested  to 
transmit  a  copy  of  the  foregoing  Preamble  and  Joint  Resolu 
tions,  to  the  President  of  the  United  States,  and  also,  a  copy  to 
each  of  our  Senators  and  Representatives  in  Congress,  to  be 


215 

laid  before  that  body,  and  one  to  the  Governor  of  each  State  in 
the  Union. 

JOHN  W.  DAVIS, 

Speaker  of  the  House  of  Representatives. 

DAVID  WALLACE, 

President  of  the  Senate. 

Approved  9th  January,  1833. 

N.  NOBLE. 


RESOLVES 


OF    THE 


LEGISLATURE 


OF 


ALABAMA. 


29 


REPORT 

Of  the  Select  Committee  of  the  House  of  Representatives,  to 
whom  was  referred  so  much  of  the  Message  of  the  Governor, 
as  relates  to  the  Tariff,  to  the  principle  of  protection  and  to 
the  doctrine  of  Nullification. 

THE  Select  Committee  to  whom  was  referred  so  much  of  the 
Message  of  the  Governor,  as  relates  to  the  Tariff,  to  the  princi 
ple  of  protection  and  to  the  doctrine  of  Nullification,  have  had 
the  same  under  consideration,  and  have  instructed  me  to  report 
a  preamble  and  resolutions,  which  they  respectfully  submit  to 
the  House  for  its  adoption. 

Your  Committee  deeply  impressed  with  the  present  alarming 
crisis  in  our  history,  have  given  to  the  subject  that  profound  con 
sideration,  which  its  paramount  importance  so  justly  demands. 

So  much  has  been  said  and  written  on  the  subject  submitted 
to  them,  that  they  may  be  said  to  be  exhausted,  and  they  will 
therefore  submit  a  very  few  remarks  prefatory  to  the  resolu 
tions,  which  they  recommend  to  the  adoption  of  the  House. 

In  a  country  of  such  vast  extent  as  the  United  States,  em 
bracing  such  a  variety  of  soil,  climate  and  products,  arid  inhabit 
ed  by  a  people,  whose  pursuits  are  as  various  as  the  climate  un 
der  which  they  live  ;  any  attempt  on  the  part  of  the  Government 
to  force  manufactures  into  existence,  by  governmental  bounties, 
must  of  necessity  operate  unequally,  and  therefore  be  unjust. 

If  it  be  a  truth,  not  now  to  be  questioned,  that  no  Govern 
ment  can  justly  take  from  one  portion  of  its  citizens  a  part  of 
their  property,  to  benefit  another,  it  is  more  especially  unjust  in 
a  country  like  ours,  composed  of  different  States,  who  are  unit 
ed  in  one  common  bond,  only  for  the  purpose  of  providing  for 
the  common  defence,  of  promoting  the  general  welfare,  and  se 
curing  the  blessings  of  liberty  to  themselves  and  posterity.  For 
these  purposes,  this  Union  was  formed,  and  it  cannot  be  sup- 


220 

posed,  that  those  who  consented  to  it,  intended  by  implication 
and  construction  to  confer  on  the  General  Government  powers 
destructive  of  their  happiness  and  best  interest.  Laws  having 
their  operation,  and  professing  to  derive  their  authority  from  the 
Constitution  under  which  we  live,  being  opposed  to  the  true  in 
terest  of  every  section  of  the  republic  and  unjust  in  their  oper 
ation  on  the  Southern  States,  even  if  sustained  by  the  letter  of 
the  Constitution,  are  contrary  to  its  spirit  and  at  war  with  the 
general  scope  and  tenor  of  that  instrument. 

It  cannot  be  believed  that  if  the  framers  of  the  Constitution 
had  assigned  the  exercise  of  such  a  power,  as  the  right  to  cre 
ate  and  protect  domestic  manufactures,  by  a  system  of  high  du 
ties,  that  it  would  have  been  left  to  inference  or  implication  ;  its 
framers  therefore  could  not  have  intended  that  such  a  power 
should  be  exercised.  This  reasoning  is  founded  on,  and  these 
results  drawn  from  the  instrument  itself;  but  in  addition  there 
to,  contemporaneous  history  informs  us,  that  in  the  Convention 
which  framed  the  Constitution,  it  was  proposed  in  various  modes 
to  give  that  power  to  Congress,  and  refused. 

It  is  the  exercise  of  this  power,  which  a  large  majority  of  the 
South  believe  to  be  against  the  spirit  of  the  Constitution,  and 
no  inconsiderable  number,  contrary  to  its  express  letter,  which 
has  driven  them  to  consider  their  Government  as  foreign  to  their 
interests,  and  alien  to  their  feelings.  Instead  of  looking  up  to 
it  with  pride  and  veneration,  as  the  world's  last  hope,  and  as  the 
favorite  resort  of  freedom,  no  inconsiderable  portion  of  the 
South  have  begun  to  estimate  its  value ;  and  to  contemplate 
even  disunion  itself,  as  an  evil  less  formidable  than  submission 
to  the  exactions  of  the  Government. 

And  now  at  this  fearful  crisis,  when  one  of  our  co-States  has 
assumed  the  alarming  attitude  of  declaring  an  act  of  Congress 
void  within  her  limits,  and  the  note  of  preparation  is  sounded  to 
sustain  this  attitude  by  force,  what  shall  Alabama  do  ?  Our  an 
swer  is  never  despair  of  our  country.  We  believe  that  there  is 
a  vital  energy,  a  living  principle  inherent  in  our  institutions,  and 
a  sense  of  justice  residing  in  the  bosoms  of  our  fellow  citizens, 
which  when  properly  appealed  to,  must  succeed.  We  concede 
that  our  Northern  brethren  believe  that  they  are  acting  within 
the  pale  of  the  Constitution  ;  but  can  it  be  believed,  that  they 


221 

will  by  insisting  on  the  obnoxious  duties,  peril  the  Union  of 
these  States,  and  make  shipwreck  of  the  last  hope  of  mankind? 
Can  any  pecuniary  benefit  compensate  for  results  like  these? 
If  blood  be  shed  in  this  unhallowed  contest,  a  wound  will  be  in 
flicted,  which  may  never  be  healed,  to  confidence  will  succeed 
distrust,  mutual  recriminations,  and  mutual  interest,  and  the 
choicest  blessings  of  Heaven,  by  madness  and  folly  of  man,  will 
be  converted  into  the  most  deadly  poison. 

Deeply  impressed  with  these  views,  we  recommend  the  adop 
tion  of  the  following  resolutions,  which  we  are  satisfied  embody 
the  opinions  of  our  constituents,  and  in  their  name  propose  to 
our  co-States  a  Federal  Convention. 


RESOLVES. 


JBe  it  Resolved  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Alabama  in  General  Assembly  convened,  That  we  consider 
the  present  Tariff  of  duties,  unequal,  unjust,  oppressive  and 
against  the  spirit,  true  intent  and  meaning  of  the  Constitution  ; 
that  if  persevered  in,  its  inevitable  tendency  will  be  to  alienate 
the  affections  of  the  people  of  the  Southern  States  from  the 
General  Government. 

And.  be  it  further  Resolved,  That  we  do  not  consider  the  Tariff 
of  1832,  as  fastening  upon  the  country  the  principle  of  protection, 
but  that  we  receive  it  as  the  harbinger  of  better  times,  as  a 
pledge  that  Congress  will  at  no  distant  period,  abandon  the  prin 
ciple  of  protection  altogether,  and  reduce  the  duties  on  imports 
to  the  actual  wants  of  the  Government,  levying  those  duties  on 
such  articles  as  W7ill  operate  most  equally  on  all  sections  of  the 
Union. 

And  be  it  further  Resolved,  That  Nullification,  which  some  of 
our  Southern  brethren  recommend  as  the  Constitutional  remedy 
for  the  evils  under  which  we  labor,  is  unsound  in  theory  and 
dangerous  in  practice,  that  as  a  remedy  it  is  unconstitutional  and 
essentially  revolutionary,  leading  in  its  consequences  to  anarchy 
and  civil  discord,  and  finally  to  the  dissolution  of  the  Union. 

And  be  it  further  Resolved,  That  we  earnestly  intreat  the  peo 
ple  of  this  State,  not  to  distrust  the  justice  of  the  General  Gov 
ernment,  and  to  rest  satisfied,  though  long  delayed,  it  will  cer 
tainly  be  accorded  to  them.  And  above  all  things,  to  avoid 
those  dangerous  and  unconstitutional  remedies  proposed  for  their 
imitation  and  adoption,  no  matter  how  specious  their  exterior, 
which  may  lead  to  bloodshed  and  disunion,  and  will  certainly 
end  in  anarchy  and  civil  discord.  And  at  the  same  time  we 
would  most  solemnly  adjure  the  Congress  of  the  United  States, 
in  the  name  of  our  common  country  to  abandon  the  exercise  of 
those  dubious  and  constructive  powers,  claimed  under  the  Consti 
tution,  the  assertion  of  which  has  produced  jealousy,  excitement 


223 


and  dissatisfaction  to  the  Government,  and  if  persevered  in,  will 
in  all  human  probability  dissolve  this  Union.  By  this  means, 
and  by  this  alone,  can  we  be  prevented  from  fulfilling  our  high 
destinies,  and  our  onward  march  to  greatness  be  arrested. 

And  be  it  further  Resolved,  That  as  we  have  now  for  the  first 
time  in  the  history  of  our  country,  presented  to  us  the  appalling 
spectacle  of  one  of  the  States  of  this  Union,  arraying  herself 
against  the  General  Government,  and  declaring  sundry  acts  of 
Congress  void  and  of  no  effect  within  her  limits  ;  presenting  to 
Congress  the  alternative  of  repealing  the  obnoxious  laws  or  per 
mitting  her  secession  from  the  Union,  and  preparing  by  an 
armed  force  to  sustain  the  position  she  has  assumed,  and  as  we 
cannot  silently  look  on  and  witness  the  failure  of  the  high 
raised  hopes  and  just  expectations  of  those  patriots  who  cement 
ed  our  liberty  with  their  blood  :  Therefore,  as  a  last  resort,  we 
recommend  to  our  co-States  the  calling  of  a  Federal  Convention, 
to  meet  in  the  City  of  Washington  on  the  first  of  March,  1834, 
or  at  such  other  time  and  place  as  may  be  agreed  on,  which 
shall  be  authorized  to  devise  and  recommend  such  plan,  which 
will  satisfy  the  discontents  of  the  South,  either  by  an  explicit  de 
nial  of  the  right  of  Congress  to  protect  domestic  industry  by 
duties  on  imports  laid  for  protection,  or  by  defining  and  restrict 
ing  the  power  aforesaid,  within  certain  prescribed  limits,  and 
making  such  other  amendments  and  alterations  in  the  Constitu 
tion  as  time  and  experience  have  discovered  to  be  necessary. 

Resolved,  That  the  Governor  be  desired  to  transmit  a  copy  of 
the  foregoing  resolutions  to  the  President  of  the  United  States, 
and  to  the  Executive  of  each  of  the  States,  with  a  request  that 
the  same  may  be  communicated  to  the  Legislature  thereof. 

Resolved  further,  That  the  Governor  furnish  a  copy  of  said  res 
olutions  to  each  of  the  Senators  and  Representatives  of  this 
State,  in  the  Congress  of  the  United  States. 

Approved,  January  12,  1833. 


RECOMMENDATIONS 

Of  the  General  Assembly  of  the  State  of  Alabama  to  the  Pres 
ident  of  the  United  States,  to  the  State  of  South  Carolina, 
and  to  the  different  States. 

THE  General  Assembly  of  the  State  of  Alabama  have  received 
and  considered  with  absorbing  interest,  the  late  Ordinance  of 
South  Carolina,  with  the  Address  to  the  co-States  accompany 
ing  the  same,  together  with  the  Proclamation  of  the  President 
of  the  United  States,  consequent  thereon.  The  attitude  assum 
ed  by  the  State  of  South  Carolina  and  the  Government  of  the 
United  States  through  its  Chief  Magistrate,  forbodes  a  crisis 
which  threatens  the  peace  of  society  and  the  harmony  of  the 
Union,  and  which  should  be  deplored  by  every  one  who  loves 
his  country  and  liberty.  The  existence  of  our  Constitution  and 
the  integrity  of  the  Union,  require  the  instant  exertion  of  that 
patriotism,  forbearance  and  virtue,  which  have  hitherto  charac 
terised  the  history  of  our  Government.  Omitting,  on  this  occa 
sion,  to  enter  into  the  causes  which  have  produced  the  present 
afflicting  posture  between  one  State  and  the  Federal  Govern 
ment;  this  General  Assembly  now  affectionately  and  solemnly  ap 
peals  to  the  Congress  of  the  United  States,  and  to  the  State  of 
South  Carolina,  for  that  forbearance,  patriotism  and  virtue,  which 
alone  can  restore,  by  mutual  sacrifice  of  opinion,  harmony, 
peace  and  prosperity  to  our  common  country.  The  only  bonds 
of  our  Union,  and  the  sole  preservatives  of  rational  and  con 
stitutional  liberty,  are  a  strict  adherence  on  the  part  of  the  con 
stituted  authorities,  to  the  principles  of  our  Government — the  af 
fection  of  the  people  for  that  Government,  and  a  firm  persuasion 
of  the  equality  and  justice  of  its  administration,  aided  by  a  spir 
it  of  forbearance  on  the  part  of  those  States  who  may  differ 
from  the  opinion  of  the  majority. 

To  this  end  the  General  Assembly  of  Alabama  recommend  to 
the  Congress  of  the  United  States,  a  speedy  modification  of  the 


225 


Tariff  Laws,  in  such  manner  as  to  equalise  their  burthens,  and 
cause  only  so  much  revenue  to  be  collected  as  will  be  necessary 
to  pay  the  expenses  of  the  Government,  in  its  constitutional  and 
economical  administration.     This  Assembly  further  recommends 
to  the  Congress  of  the  United  States,  as  she  has  already  done  to 
her  co-States,  the  call  of  a  Federal  Convention,  to  propose  such 
amendments  to  our  Federal  Constitution,  as  may  seem  necessary 
and  proper,  to  restrain  the  Congress  of  the  United   States  from 
exerting  the  taxing  power,  for  the  substantive  protection  of  do 
mestic  manufactures.     This  Assembly  further   earnestly  recom 
mends  to  the  State  of  South  Carolina,  to  suspend  the  operation 
of  her  late  Ordinance,  that  the  unfortunate  collision  of  powers 
between  that  State  and  the  Government  of  the  United   States, 
may  be  amicably  adjusted  in  such  manner  as  not  to  impair  the 
rights  and   powers  granted   to  the   General  Government,  or  re 
tained  and  reserved  to  the  States,  or  the  people   by  the  Consti 
tution.     This  General  Assembly  further  urgently  recommends  to 
the  State  of  South  Carolina  to  abstain  from  the  use  of  military 
power,  in  enforcing  her  Ordinance,  or  in  resisting  the  execution 
of  the  revenue  laws  of  the  United  States.     And  this  General  As 
sembly,  with  equal  earnestness,  recommends  to  the  Government 
of  the  United  States,  to  exercise  moderation,  and  to  employ  only 
such  means  as  are  peaceful  and  usual  to  execute  the  laws  of  the 
Union.     The  General  Assembly  of  this  State  further  recommends 
to  her  co-States,  to  concur  with  this  State  in  the  foregoing  re 
commendations. 

Resolved,  That  the  Executive  of  this  State  be  requested  to 
transmit  copies  of  the  foregoing  recommendations,  to  the  Exec 
utive  authorities  of  each  of  the  United  States  :  to  the  President 
of  the  United  States,  and  to  our  Senators  and  Representatives 
in  Congress,  with  instructions  to  lay  the  same  before  the  Con 
gress  of  the  United  States. 

Approved,  January  12,  1833, 


RESOLVES 


OF    THE 


LEGISLATURE 


or 


MISSISSIPPI. 


REPORT. 


The  select  Committee  to  which  was  referred  "  so  much  of  the 
Governor's  Message  as  rektes  to  the  Resolutions  from  the 
States  of  Louisiana,  Maine,  New  Hampshire,  and  Pennsylva 
nia,  with  the  accompanying  documents,"  beg  leave  to  report: 

That  they  have  had  them  under  consideration,  and  would 
recommend,  in  regard  to  the  Resolution  first  named,  the  adoption 
of  the  following  Resolutions  : 

In  relation  to  the  Resolutions  from  the  States  of  Maine,  New 
Hampshire,  and  Pennsylvania,  and  that  portion  of  the  Message 
which  points  to  their  consideration,  your  Committee  would  ex 
press  the  belief  that  the  sentiments  of  a  majority  of  the  people 
of  this  State,  in  regard  to  the  subjects  to  which  "they  relate,  are 
in  accordance  with  those  expressed  by  the  General  Assembly  in 
the  year  1829,  declaring  the  Tarifflaw  of  1828,  so  far  as  it  con 
templated  a  system  of  protection,  carried  beyond  the  manufac 
ture  of  such  articles  as  are  necessary  to  the  national  defence,  to 
be  «  contrary  to  the  spirit  of  the  Constitution  of  the  United 
States,  impolitic  and  oppressive  in  its  operation  on  the  southern 
States,  and  should  be   resisted  by  all  constitutional  means." 
But  fearful  lest  false  inferences  should  be  drawn  from  this  ex 
pression  of  public  opinion— inferences,  calculated  to  induce  a 
belief  that  this  State  is  prepared  to  advocate  and  uphold  the 
disorganizing  doctrines,  recently  promulgated  in  South  Caroli 
na,  your  Committee  deem  it  their  duty  to  speak  plainly,  and  to 
undeceive  their  sister  States  in  this  respect.     We  are  opposed  to 
Nullification.     We  regard  it  as  a  heresy,  fatal  to  the  existence 
f  the  Union.     « It  is  resistance  to  law  by  force—it  is  disunion 
by  force— it  is  civil  war."     Your  Committee  are  constrained  to 
express  the  opinion,  that  the  State  of  South  Carolina  has  acted 


230 

with  a  reckless  precipitancy,  (originating,  we  would  willingly  be 
lieve,  in  delusion,)  well  calculated  to  detract  from  her  former 
high  character  for  wisdom  in  council,  purity  of  patriotism,  and 
a  solicitous  regard  for  the  preservation  of  those  fundamental 
principles,  on  which  alone  rest  the  peace,  the  prosperity  and 
permanency  of  the  Union.  Your  Committee  deeply  deplore  the 
alarming  crisis  in  our  national  affairs ;  they  regret  it  the  more  as 
proceeding  from  the  unwarrantable  attitude  assumed  by  a  sister 
of  the  South,  whose  best  interests  are  identified  with  our  own. 
In  the  spirit  of  brethren  of  the  same  family,  we  would  invoke 
them  to  pause — to  hearken  attentively  to  the  paternal,  yet  omin 
ous,  warning  of  the  Executive  of  the  Union.  We  would  con 
jure  them  to  await  patiently  the  gradual  progress  of  public  opin 
ion  ;  and  to  rely,  with  patriotic  confidence,  on  the  ultimate  de 
cision  of  the  talented  statesmen  and  pure  patriots  in  the  Congress 
of  the  United  States.  But  they  would  also  loudly  proclaim,  that 
this  State  owes  a  duty  to  the  Union,  above  all  minor  considera 
tions.  That  she  prizes  that  Union  less  than  liberty  alone.  That 
we  heartily  accord  in  the  general  political  sentiments  of  the 
President  of  the  United  States,  as  expressed  in  his  recent  Proc 
lamation  ;  and  that  we  stand  firmly  resolved,  at  whatever  sacri 
fice  of  feeling,  in  all  events,  and  at  every  hazard,  to  sustain  him 
in  enforcing  the  paramount  laws  of  the  land,  and  preserving  the 
integrity  of  the  Union — that  Unicn,  whose  value  we  will  never 
stop  to  calculate — holding  it,  as  our  fathers  held  it,  precious 
above  all  price.  Your  Committee  would  therefore  recommend 
the  adoption  of  the  following  resolutions : 


RESOLVES. 


1.  Be  it  resolved  by  the  Legislature  of  the  State  of  Mississippi, 
That,  in  the  language  of  the  father  of  his  country,  we  will  "  in 
dignantly  frown  upon  the   first  dawning  of  every  attempt   to 
alienate  any  portion  of  our  country  from  the  rest,  or  to  enfeeble 
the  ties  which  link  together  its  various  parts." 

2.  Resolved,  That  the  doctrine  of  Nullification  is  contrary  to 
the  letter  and  spirit  of  the  Constitution,  and  in  direct  conflict 
with  the  welfare,  safety  and  independence  of  every  State  in  the 
Union ;  and  to  no  one  of  them  would  its  consequences  be  more 
deeply  disastrous,  more  ruinous,  than  to  the  State  of  Mississippi 

— that  State  in  which  are  concentrated  our  dearest  interests 

around  which  cling  our  most  tender  ties— the  fair  land  of  our 
nativity  or  adoption — the  haven  of  our  hopes,  the  home  of  our 
hearts. 

3.  Resolved,  That  we  will,  with  heart  and  hand,  sustain  the 
President  of  the  United  States,  in  the  full  exercise  of  his  legiti 
mate  powers,  to  restore  peace  and  harmony  to  our  distracted 
country,  and  to  maintain,  unsullied  and  unimpaired,  the  honor, 
the  independence  and  integrity  of  the  Union. 

4.  Resolved,  That  the  Governor  of  the  State  be,  and  he  is 
hereby  required  to  transmit  a  copy  of  the  last  Resolutions,  with 
the  preamble,  to  our  Senators  and  Representatives  in  Congress, 
also  to  the  Governors  of  the  different  States,  with  a  request  that 
the  same  may  be  laid  before  their  respective  Legislatures. 

DAVID  PEMBLE, 

Speaker  of  the  House  of  Representatives. 

CHARLES  LYNCH, 

President  of  the  Senate, 


RESOLVES 


OF    THE 


LEGISLATURES 


SOUTH  CAROLINA  AMD  GEORGIA, 


PROPOSING  A 


CONVENTION  OF  THE  STATES 


31 


The  following  Resolves  of  the  Legislatures  of  South 
Carolina  and  Georgia,  with  those  of  the  Legislature  of  Massa 
chusetts,  consequent  upon  them,  though  not  directly  embraced 
by  the  terms  of  the  order  under  which  the  present  volume  has 
been  published,  are  so  closely  connected  with  the  general  sub 
ject  of  the  late  political  controversies,  that  it  has  been  thought 
expedient  to  include  them.  It  appears  from  a  letter  of  the  Gov 
ernor  of  Georgia,  subsequently  received  by  the  Governor  of  this 
Commonwealth,  and  which  is  also  published,  that  the  document 
transmitted  and  certified  by  the  Governor  of  Georgia,  as  Re 
solves  of  the  Legislature  of  that  State,  was  in  fact,  a  mere  re 
port,  which  was  not  adopted.  The  Resolves  which  were  really 
passed,  are  now  published  from  the  printed  volume  of  the  Laws 
of  Georgia. 


State  of  Sotttlj 


IN  THE  SENATE,  13th  December,  1832. 

The  Committee  on  Federal  Relations,  to  whom  was  referred  that 
portion  of  the  Governor's  Message,  No.  3,  which  relates  to  the 
call  of  a  Convention  of  the  States,  respectfully  report  the  fol 
lowing 

PREAMBLE  AND  RESOLUTIONS  : 

WHEREAS,  serious  causes  of  discontent  do  exist  among  the 
States  of  this  Union,  from  the  exercise,  by  Congress,  of  powers 
not  conferred  or  contemplated,  by  the  sovereign  parties  to  the 
Compact — therefore, 

Resolved,  That  it  is  expedient  that  a  Convention  of  the  States 
be  called  as  early  as  practicable,  to  consider  and  determine 
such  questions  of  disputed  power,  as  have  arisen  between  the 
States  of  this  confederacy  and  the  General  Government. 

Resolved,  That  the  Governor  be  requested  to  transmit  copies 
of  this  Preamble  and  Resolutions  to  the  Governors  of  the  several 
States,  with  a  request  that  the  same  be  laid  before  the  Legisla 
tures  of  their  respective  States,  and  also  to  our  Senators  and 
Representatives  in  Congress,  to  be  by  them  laid  before  Congress 
for  consideration. 

Resolved,  That  the  Senate  do  agree. 

Ordered  to  the  House  of  Representatives  for  concurrence. 
IN  THE  SENATE,  19th  December,  1832. 

The  House  of  Representatives  returned,  with  their  concur 
rence,  the  Report  of  the  Committee  on  Federal  Relations,  on 
that  portion  of  the  Governor's  Message,  No.  3,  which  relates  to 
the  call  of  a  Convention  of  the  States. 

A  true  copy  from  the  Journals. 

JACOB  WARLEY,  Clerk  of  the  Senate. 


State  of  fttovgf au 


IN  THE  HOUSE  OF  REPRESENTATIVES. 

FOR  as  much  as  throughout  the  United  States,  there  exist 
many  controversies  growing  out  of  the  conflicting  interests 
which  have  arisen  among  the  people,  since  the  adoption  of  the 
Federal  Constitution  ;  out  of  the  cases  in  which  Congress  claims 
the  right  to  act  under  constructive  or  implied  powers  ;  out  of  the 
disposition,  shown  by  Congress,  too  frequently  to  act  under  as 
sumed  powers,  and  out  of  the  rights  of  jurisdiction,  either  claim 
ed  or  exercised  by  the  Supreme  Court — all  of  which  tend  di 
rectly  to  diminish  the  affection  of  the  people  for  their  own  gov 
ernment,  to  produce  discontent,  to  repress  patriotism,  to  excite 
jealousies,  to  engender  discord,  and  finally  to  bring  about  the 
event,  of  all  other,  most  deeply  to  be  deplored,  and  most  anx 
iously  to  be  guarded  against,  viz :  a  dissolution  of  our  happy 
Union,  and  a  severance  of  these  States  into  hostile  communities, 
each  regarding  and  acting  towards  each  other  with  the  bitterest 
enmity. 

And  the  experience  of  the  past  having  clearly  proved,  that  the 
Constitution  of  the  United  States  needs  amendment  in  the  fol 
lowing  particulars  : 

1.  That  the  powers  delegated  to  the  General  Government,  and 
the  rights  reserved  to  the  States  or  to  the  people,  may  be  more 
distinctly  defined. 

2.  That  the  power  of  coercion  by  the  General  Government 
ever  the  States,  and  the  right  of  a  State  to  resist  an  unconstitu 
tional  act  of  Congress,  may  be  determined. 

3.  That  the  principle  involved  in  a  Tariff  for  the  direct  pro 
tection  of  domestic  industry,  may  be  settled. 

4.  That  a  system  of  Federal   taxation  may  be  established, 
which  shall  be  equal  in  its  operation  upon  the  whole  people,  and 
in  all  sections  of  the  country. 

5.  That  the  jurisdiction  and  process  of  the  Supreme  Court? 
may  be  clearly  and  unequivocally  settled. 


239 

6.  That  a  tribunal  of  last  resort  may  be  organized  to  settle 
disputes  between  the  General  Government  and  the  States. 

7.  That  the  power  of  chartering  a  Bank  and  of  granting  in 
corporations,  may  be  expressly  given  to,  or  withheld  from  Con 
gress. 

8.  That  the  practice  of  appropriating  money  for  works  of  In 
ternal  Improvement,  may  be  either  sanctioned  by  an  express  del 
egation  of  power,  or  restrained  by  express  inhibition. 

9.  That  it  may  be  prescribed,  what  disposition  shall  be  made 
of  the  surplus  revenue,  when  such  revenue  is  found  to  be  on  hand. 

10.  That  the  right  to,  and  the  mode  of  disposition  of  the  pub 
lic  lands  of  the  United  States,  may  be  settled. 

11.  That  the  election  of  President  and  Vice  President  may  be 
secured,  in  all  cases,  to  the  people. 

12.  That  their  tenure  of  office  may  be  limited  to  one  term. 

13.  That  the  rights  of  the  Indians  may  be  definitely  settled. 

Be  it  therefore  Resolved  by  the  Senate  and  House  of  Representa 
tives  of  the  State  of  Georgia,  in  General  Assembly  met,  and  acting 
for  the  people  thereof,  That  the  State  of  Georgia,  in  conformity 
with  the  Fifth  Article  of  the  Federal  Constitution,  hereby  makes 
application  to  the  Congress  of  the  United  States,  for  the  call  of 
a  Convention  of  the  people,  to  amend  the  Constitution  afore 
said,  in  the  particulars  herein  enumerated,  and  in  such  others  as 
the  people  of  the  other  States  may  deem  needful  of  amendment. 

Resolved  further,  That  His  Excellency  the  Governor  be,  and  he 
is  hereby  requested  to  transmit  copies  of  this  document  to  the 
other  States  of  the  Union,  and  to  our  Senators  and  Representa 
tives  in  Congress. 

Agreed  to,  12th  December,  1832. 

Attest>  ASBURY  HULL,  Speaker. 

ROBERT  W.  CARNES,  Clerk. 

IN  SENATE,  20th  December,  1832. 
Concurred  in. 

Attest>  THOMAS  STOCKS,  President. 

IVERSON  L.  HARRIS,  Secretary. 
Approved,  22d  December,  1832. 

WILSON  LUMPKIN,  Governor. 


RESOLVES 


OF    THE 


LEGISLATURE 


OF 


MASSACHUSETTS. 


32 


eommoutoealti)  of 


HOUSE  OF  REPRESENTATIVES,  January  16th,  1833. 

Ordered,  That  the  Resolutions  of  the  Legislature  of  Georgia, 
proposing  a  Convention  of  the  People  of  the  United  States,  for 
the  Amendment  in  various  respects  of  the  Constitution,  and  so 
much  of  the  Governor's  Special  Message  as  relates  thereto,  be 
referred  to 

Messrs.  CUSHING,  of  NEWBURYPORT, 
SHAW,  of  LANESBOROUGH, 
WHITE,  of  BOSTON, 

with  such  as  the  Senate  may  join. 
Sent  up  for  concurrence. 

L.  S.  CUSHING,   Clerk. 

IN  SENATE,  January  17,  1833. 

Read,  and  referred  to  Messsrs.  BLAKE  and  WELLS,  in  con 
currence. 

CHARLES  CALHOUN,  Clerk. 


of 


IN  SENATE,  February,  1833. 

The  Special  Joint  Committee,  to  whom  was  referred,  among 
other  things,  that  portion  of  His  Excellency  the  Governor's 
Message,  relating  to  the  subject  of  the  Preamble  and  Reso 
lutions  of  the  Legislature  of  South  Carolina,  proposing  that 
a  "  Convention  of  the  States  should  be  called,  as  early  as 
practicable,  to  consider  and  determine  such  questions  of  dis 
puted  power  as  have  arisen  between  the  States  of  this  con 
federacy  and  the  General  Government,"  have  had  the  same 
under  consideration,  and  respectfully  submit  the  following 

REPORT  IN  PART  : 

Upon  the  first  presentment  of  the  Resolutions  in  question, 
taken  in  connection  with  the  matter  contained  in  the  Preamble, 
with  which  they  are  introduced,  your  Committee  were  consid 
erably  at  a  loss  to  determine  what  should  be  regarded  as  being 
their  precise  scope  and  object.  The  question  occurred  to  them, 
whether  it  was  the  intention  of  the  Legislature  of  South  Caro 
lina  to  invite  a  Convention  of  the  States,  with  a  view  to  certain 
specific  amendments  of  the  Constitution  of  the  General  Gov 
ernment,  in  conformity  with  the  provisions  in  the  fifth  article  of 
that  instrument,  or  to  assume  the  novel  and  extraordinary  ground 
that  such  a  Convention  was  necessary  or  expedient,  for  the  pur 
pose,  merely,  of  considering,  and  determining,  in  their  sove 
reign  capacity,  certain  questions  of  disputed  power,  which  are 
supposed  to  exist  between  that  State  more  particularly,  and  the 
Government  of  the  Union. 


245 

With  reference  to  this  point,  the  Committee  were  naturally 
led,  in  the  first  place,  to  a  consideration  of  the  very  unusual 
manner  (in  case  an  amendment  of  the  Constitution,  in  conform 
ity  with  the  article  alluded  to,  were  alone  contemplated,)  in 
which  the  proposition  is  submitted  to  the  Legislature  of  Massa 
chusetts. 

Since  the  first  organization  of  the  Federal  Government,  it 
has,  as  the  Committee  believe,  been  the  uniform  practice  of  the 
Legislature  of  a  State,  whenever  it  has  proposed  to  bring  about 
any  amendment  or  change  in  the  Constitution  of  that  Govern 
ment  by  a  Convention  of  the  States,  to  specify,  in  their  applica 
tion  to  other  States,  for  co-operation  and  support  in  such  a 
measure,  the  precise  points  wherein  the  existing  provisions  of 
the  system  were  supposed  to  be  doubtful  or  insufficient,  and  the 
nature  and  extent  of  the  correction  proposed  to  be  applied. 
This  form  of  application,  which,  whether  prescribed  or  not  by 
the  terms  of  the  article  before  referred  to,  would  seem  to  be 
such  as  the  nature  of  the  case  requires,  appears,  nevertheless,  to 
have  been  not  inadvertently,  but  studiously  avoided  by  the 
Legislature  of  South  Carolina  on  the  present  occasion. 

In  another  particular,  the  novelty  of  the  proposition  now  sub 
mitted  to  this  Legislature,  not  as  respects  its  form  only,  but  its 
matter  and  substance,  is  not  less  conspicuous.  It  is  not  pro 
posed  that  a  Convention  should  be  called,  with  a  view  to  any 
particular  amendment,  or  even,  in  general  terms,  to  a  revision 
of  the  Constitution  of  the  General  Government,  but  that  it 
should  take  upon  itself,  when  assembled,  in  a  manner  wholly 
unknown  in  any  existing  provision  of  the  Federal  Compact,  the 
office  of  umpire,  and  sit  in  judgment  on  certain  disputes  which 
are  alleged  to  exist  between  a  State  or  States,  and  the  nation. 
It  is  believed  by  your  Committee,  that,  with  the  exception  of 
one  solitary  case  of  an  analogous  description,  to  which  they 
may  hereafter  have  occasion  to  advert,  for  another  purpose,  but 
which,  considering  the  time  of  its  occurrence,  and  the  fate  that 
awaited  it,  they  can  hardly  suppose  would  be  relied  upon  as 
affording  the  authority  of  a  precedent,  the  proposition  now  sub 
mitted  is  entirely  unexampled  in  the  history  of  this  Government. 

It  i?,  at  any  rate,  most  manifest,  that,  if  assented  to  by  the 
States,  it  would  necessarily  be  attended  with  the  most  fatal  con- 


246 

sequences  to  the  Union.  If  the  principle  be  sanctioned  that, 
whenever  a  single  member  of  this  confederacy,  conceiving  itself 
aggrieved  by  any,  even  a  questionable  measure  of  the  General 
Government,  shall  be  permitted,  first,  to  resist  the  measure,  and 
then  to  summon  a  Convention  of  the  whole,  in  order  to  consider 
and  determine  the  matter  in  dispute,  it  is  easy  to  foresee  what 
utter  degradation  of  all  the  regular  authorities  of  the  Govern 
ment,  what  scenes  of  anarchy  and  disorder  throughout  the  land 
must  inevitably  and  speedily  ensue.  But  it  appears  to  your 
Committee,  that  the  proposition,  in  itself,  is  not  more  extraor 
dinary  than  is  the  sweeping  assertion  with  which  it  is  prefaced, 
and  which  seerns,  indeed,  to  constitute  the  only  grounds  upon 
which  it  is  predicated.  In  the  Preamble  to  the  Resolutions  in 
question,  it  is  declared  "  that  serious  causes  of  discontent  do 
exist  among  the  States  of  this  Union,  from  the  exercise  by  Con 
gress  of  powers  not  conferred  or  contemplated  by  the  sovereign 
parties  to  the  compact."  The  Committee  will  not  trust  them 
selves  to  express,  in  terms  such  as  their  feelings  might  prompt 
them  to  employ  on  the  occasion,  the  surprise,  as  well  as  the 
regret  they  have  experienced,  at  meeting  with  a  solemn,  delib 
erate  announcement  like  this,  from  the  Legislative  body  of  a 
respectable  member  of  this  Union.  Nor  will  they  stop  to  con 
sider  how  far,  under  almost  any  imaginable  circumstances,  it  is 
consistent  with  that  courtesy  and  comity,  to  say  nothing  of 
respect  and  confidence,  which  the  constituted  authorities  of  the 
different  States  have  hitherto  been  accustomed  to  manifest  in 
their  intercourse  with  one"  another,  and  with  the  several  depart 
ments  of  the  General  Government.  In  the  view  of  your  Com 
mittee,  the  position  here  assumed,  for  it  is  unaccompanied  by 
any  reserve  or  qualification  whatsoever,  amounts  in  fact  to 
nothing  less  than  this,  that  both  branches  of  the  legislative  de 
partment  of  this  nation,  including  of  course  the  chief  executive, 
who  must  have  sanctioned  their  proceedings,  have  manifestly 
been  guilty  of  a  dereliction  of  duty,  a  palpable  abuse  of  power, 
while  in  the  pretended  exercise  of  their  official  functions. 

An  imputation  of  so  grave  and  serious  a  nature,  is  not  indeed 
in  so  many  words  pronounced  against  them,  but  as  much  as  this 
is  clearly  implied  by  the  whole  tenor  of  the  document  alluded 
to.  If,  according  to  the  naked  assertion  of  the  Preamble,  which 


247 


is  wholly  unaccompanied  by  any  allowance  for  a  possible  error 
of  judgment,  the  Congress  of  the  United  States  have,  on  any  oc 
casion,  been  found  to  have  exercised  "  powers  not  conferred 
nor  even  contemplated  by  the  parties  to  the  Federal  Compact," 
the  inference  would  seem  to  follow  of  course,  for  all  acts  of  a 
legislative  body  must  be  supposed  to  have  been  the  result  of  de 
liberation,  that  the  outrage  was  perpetrated  knowingly,  inten 
tionally.  Indeed,  the  Committee  have  been  reluctantly  led  to 
the  conclusion,  especially  when  taking  into  view  the  present 
communication  from  the  Legislature  of  South  Carolina,  in  con 
nection  with  the  extraordinary  measures  antecedently  adopted, 
and  still  maintained  by  a  majority  of  the  people  of  that  State, 
in  their  Convention,  and  in  their  halls  of  legislation,  that  it  was, 
in  reality,  their  deliberate  intention  to  pronounce  a  sentence 
not  less  serious  and  severe  than  that  before  supposed,  against 
the  legislative  authorities  of  the  General  Government.  It  is,  as 
your  Committee,  from  a  due  consideration  of  all  the  circum 
stances  of  the  case,  are  constrained  to  believe,  principally,  with 
a  view  to  the  confirmation  or  the  reversal  of  this  sentence,  that 
the  invitation  is  now  given  to  Massachusetts,  to  unite  in  sum 
moning  a  Convention  of  the  States.  In  this  connection,  it  may 
be  useful  to  notice,  very  briefly,  the  grounds  on  which,  not  the 
leading  politicians  only,  but  the  high  functionaries  in  the  Gov 
ernment  of  South  Carolina,  have  attempted  to  justify  the  extra 
ordinary  proceedings  that  have  been  adverted  to.  It  has  been 
promulgated  as  one  of  the  first  and  fundamental  principles  in 
their  new  theory  of  the  Federal  Government,  that  not  one  jot  or 
tittle  of  the  sovereignty  of  any  State  was  surrendered  or  com 
promised,  in  any  manner,  at  the  formation  of  the  Union.  That 
a  State  has  a  right  of  course  to  be  its  own  interpreter  of  the 
laws  of  the  General  Government,  and  to  be  the  judge  in  the  last 
resort  of  their  validity.  That,  whenever  a  State,  in  its  sovereign 
capacity,  shall  be  pleased  to  pronounce  that  the  Congress  of  the 
United  States  have,  in  regard  to  any  of  their  enactments,  tran 
scended  the  authority  delegated  to  them  by  the  Constitution,  all 
such  acts  must  thenceforth,  so  far  at  least  as  concerns  the  citi 
zens  of  such  State,  be  considered  as  utterly  void  and  ineffectual. 
Furthermore,  it  is  contended,  that  a  declaration,  of  the  kind 
above  mentioned,  is  not  only  binding  upon  all  within  the  juris- 


248 

diction  of  the  disaffected  State,  but  conclusive  also,  for  the  time 
being  at  least,  against  all  the  authorities  of  the  General  Govern 
ment.  From  this  novel  and  most  extravagant  doctrine,  it  results 
as  a  consequence,  that  an  act  of  the  highest  legislative  authority 
of  this  nation,  whatever  may  be  its  scope  or  object,  or  however 
urgent  in  reference  either  to  the  foreign  or  internal  affairs  of 
the  whole  people  may  have  been  the  cause  of  its  adoption, 
must,  when  thus  brought  into  question,  remain  as  it  were  in 
abeyance,  at  the  commandment  of  a  single  State.  In  other 
words,  that  the  vast  and  complicated  machinery  of  the  National 
Government  shall  be  made  to  stand  still,  until  a  grand  Conven 
tion  of  twenty-four  independent,  contending  sovereignties,  if  so 
many  should  be  pleased  to  assemble  on  the  occasion,  shall  have 
considered  and  determined  the  question  of  its  validity. 

Such,  in  substance,  appears  to  be  the  theory  of  reform  which 
has  recently  been  promulgated,  and  is  still  maintained  by  the 
constituted  authorities  of  South  Carolina ;  and  your  Committee 
is  constrained  to  believe  that  it  is,  with  reference  to  this  system, 
and  to  a  consummation  of  the  very  extraordinary  course  of  pro 
cedure  therein  contemplated,  that  the  proposition  for  a  Conven 
tion  of  the  States  is  now  submitted  to  this  Legislature.  The 
Committee  conceive  that  it  would  be  a  very  useless  appropria 
tion  of  time,  especially  as  the  whole  subject  matter  involved  in 
the  late  extraordinary  proceedings  of  South  Carolina  is  already 
entirely  familiar  to  the  community,  were  they  to  proceed  any 
further,  on  a  course  of  reasoning,  in  order  to  demonstrate  the 
utter  fallacy  and  impracticability  of  the  doctrines  here  adverted 
to ;  or  to  dwell  longer  in  contemplating  the  consequences  in 
which,  should  they  be  sustained,  they  must  naturally  and  neces 
sarily  involve  the  peace  and  safety  of  the  Union.  Their  tend 
ency,  it  is  conceived,  is  quite  too  obvious  to  require,  or  even  to 
admit  of  argument  or  illustration.  They  manifestly  go  to  re 
solve  at  once  our  present  gloriuus  system  of  National  Govern 
ment  into  its  original  elements,  and  would  leave,  not  for  the  pre 
sent  generation,  but  for  posterity,  the  fearful,  if  not  utterly 
hopeless  task,  of  building  some  trail  and  miserable  fabric  upon 
its  ruins. 

In  fine,  your  Committee  are  unanimously  of  the  opinion,  that, 
upon  any  such  grounds,  or  for  any  such  reasons  as  those  which 


249 

are  set  forth  in  the  said  Preamble  and  Resolutions,  according 
to  the  construction  thus  given  to  them,  it  would  be  wholly  in 
consistent  with  the  honor  and  the  dignity  of  this  Commonwealth, 
to  accede  to  the  call  of  a  Convention  of  the  States,  for  the 
purposes  therein  specified. 

But,  secondly,  in  case  your  Committee  have  been  so  unfortu 
nate,  in  regard  to  the  before  mentioned  particulars,  as  to  have 
misinterpreted  the  import  and  intent  of  the  communication  from 
the  Legislature  of  South  Carolina;  if,  contrary  to  the  construc 
tion  now  assumed,  its  real  intention  was  to  invite  the  co-opera 
tion  of  Massachusetts  in  the  call  of  a  Convention  of  the  States, 
with  a  view  to  some  legitimate  amendment  of  the  Constitution, 
in  conformity  with  the  existing  provisions  of  the  instrument,  the 
Committee  are,  nevertheless,  entirely  agreed  in  the  opinion,  that 
there  are,  in  truth  and  in  fact,  no  such  causes  existing,  as  would 
justify,  even  for  such  a  purpose,  (especially  during  the  present 
irritable  state  of  feeling  among  the  people  of  several  States  of 
the  Union)  a  resort  to  a  measure  so  unusual  and  extraordinary. 
Unless  some  one  or  two  discontented  States  in  this  Union, 
should,  by  reason  of  their  pre-eminence  in  virtue  and  patriot 
ism,  be  considered  as  justly  entitled  to  the  distinguishing  appel 
lation  of  "the  States  of  this  Union,"  the  Committee  cannot  as 
sent  to  the  position  which  is  laid  down  in  the  sweeping  language 
of  the  Preamble  to  the  Resolutions  from  South  Carolina,  that 
there  are,  in  fact,  existing  serious  causes,  or  any  just  causes 
whatever,  whether  serious  or  trivial,  of  discontent  among  "  the 
States  of  this  Union"  ;  much  less  are  the  Committee  prepared  to 
sanction  the  yet  more  extravagant  assertion,  that  if  discontents 
of  any  kind,  or  to  any  extent,  do,  in  fact  exist,  "  they  have 
arisen  from  the  exercise,  by  Congress,  of  powers  not  conferred, 
or  contemplated,  by  the  sovereign  parties  to  the  Federal  Com 
pact." 

It  is  indeed  true,  that  within  the  period  of  the  last  two  or 
three  years,  one  of  the  States  of  this  Union  has  seen  fit  to  pro 
claim  aloud,  throughout  the  land,  her  displeasure  on  account  of 
certain  prominent  measures  of  the  General  Government. 

She  has   been  pleased  to  assign,  as  the  cause  of  the  discon 
tent,  that  the  highest  legislative  authority  of  the  nation  had  as 
sumed  to  itself  the  exercise  of  unwarrantable  and   exorbitant 
33 


250 

power  ;  and,  on  this  ground,  has,  at  length,  placed  herself  in  the 
attitude  of  open  defiance  of  the  Constitution  and  the  laws  of  the 
land. 

It  is  not  less  true,  however,  that  \\hatever  of  sympathy  or  com 
miseration  may  have  been  expressed  or  felt,  by  any,  for  the 
errors  and  delusion  of  a  much  beloved,  but  wayward  associate 
in  the  political  family,  not  a  single  other  State  in  this  Union  is 
united  with  her  in  sentiment,  either  as  to  the  legal  grounds  of 
her  complaint,  or  the  propriety  of  the  measures  to  which  she 
has  seen  fit  to  resort  for  redress.  On  the  contrary,  in  relation 
to  both  the  one  and  the  other,  the  voice  of  nearly  the  whole 
people,  in  their  primary  assemblages,  in  their  halls  of  legisla 
tion,  and  every  where  throughout  the  land,  has  been  heard,  in  a 
tone  not  of  expostulation  only,  but  of  severe  censure  and  re 
proof,  to  pronounce  its  decision  against  her. 

In  the  opinion  of  your  Committee,  a  Convention  of  the  States 
cannot  now  be  necessary  to  consider  the  validity  of  that  deci 
sion,  or  to  add  any  new  provisions  to  those  already  existing  in 
the  Federal  Compact,  with  the  view  of  preventing  a  recurrence 
of  similar  discontents  among  the  States,  in  future. 

It  is  now  nearly  half  a  century  since  the  present  admirable 
system  of  Government  first  came  from  the  hands  of  the  illustrious 
statesmen  and  patriots  by  whom  it  was  framed.  Its  theory,  con 
ceived  as  it  would  now  seem  to  have  been,  almost  by  the  power 
of  superhuman  intelligence,  has  been  found,  in  experiment,  in 
its  wonderful  adaptation  to  all  the  various  and  complicated  con 
cerns  of  this  great  and  growing  nation,  not  only  to  have  equal- 
led>  but  greatly  to  have  transcended,  the  most  sanguine  hopes 
and  expectations  of  the  country. 

In  peace  and  in  war,  throughout  all  the  trials  and  vicissitudes 
to  which  the  nations,  as  well  as  individuals,  in  this  imperfect 
state  of  being  are  necessarily  subjected,  its  original  principles, 
as  they  were  at  first  established  and  understood  by  the  people, 
have,  to  this  day,  remained  without  essential  change  or  variation 
—unpolluted,  undisturbed.  Indeed,  the  members  of  the  Com 
mittee  are  solemnly  impressed  with  the  conviction,  that  next  to 
the  superintending  agency  of  a  wise  and  beneficent  Providence, 
which  seems  from  the  first,  to  have  watched  over  the  destinies  of 
this  much  favored  people,  it  is  to  this  same  system  of  civil  Gov- 


251 

ernment,  and  to  the  mild,  but  firm  and  undeviating  manner  in 
which  its  principles  have,  for  the  most  part,  been  maintained 
and  administered,  that  we  are  chiefly  indebted  for  the  general, 
nay,  almost  universal  prosperity  which  is  now  seen  and  felt  in 
every  part  of  this  wide  spread  nation.  It  is  this,  as  they  verily 
believe,  which,  under  the  smiles  of  Heaven,  has  been  the  means 
of  elevating  these  States  from  their  once  confused  and  imbecile 
condition,  to  that  distinguished  station  which  they  now  occupy 
among  the  proudest  and  most  powerful  nations  of  the  world. 

In  the  Constitution  of  a  Government  framed  with  such  wisdom , 
which  has  been  thus  tried  and  proved,  and  found  to  have  been 
attended  with  such  happy  results,  it  surely  would  not  be  the  part 
of  prudence  or  good  policy  to  attempt,  on  any  light  occasion, 
or  indeed  in  any  case  but  one  of  the  most  imperious  and  urgent 
necessity,  a  fundamental  change  of  any  kind.  It  is  the  opinion 
of  your  Committee,  that  in  the  complaints  lately  put  forth  by 
the  State  of  South  Carolina,  there  is  nothing,  when  their  real 
causes  are  fairly  and  fully  investigated,  that  can  be  supposed  to 
amount  to  the  presentment  of  an  exigency  of  this  latter  descrip 
tion. 

Nor  do  the  Committee  believe  that  a  revision  of  the  Federal 
Constitution,  by  a  Convention  of  the  States,  would  at  this  time 
be  useful,  much  less  that  it  can  be  necessary,  as  has  of  late  been 
sometimes  alleged,  or  pretended,  with  a  view  to  some  more 
clear  and  exact  definition  than  is  to  be  found  in  the  existing  pro 
visions  of  that  instrument,  in  relation  either  to  the  legitimate 
boundaries  of  jurisdiction  between  the  General  and  the  State 
Governments,  or  to  any  of  the  powers  or  immunities  which  these 
high  parties  respectively  have  hitherto  been  accustomed  to  claim 
or  enjoy. 

It  was  not  unforeseen  by  the  illustrious  framers  of  the  Federal 
compact,  nor  by  the  intelligent  people  who  adopted  it,  that,  in 
the  very  nature  of  things,  such  "questions  of  disputed  power," 
(to  use  the  language  of  the  South  Carolina  resolutions,)  would 
be  likely  to  arise  in  the  course  of  its  operation.  They  were 
doubtless  well  aware  also,  that  it  was  not  in  the  power  of  any 
human  wisdom  or  forecast,  or  indeed  of  any  thing  less  than  the 
intelligence  which  belongs  alone  to  the  Omniscient,  to  devise  a 
system  of  Government  for  a  nation  like  this,  that  should  be  for- 


252 

ever  exempt  from  such  doubts  and  exceptions  as  the  ingenuity 
or  ambition  of  men  might  suggest,  especially  in  times  of  party 
zeal  or  excitement.  Differences  of  this  kind  in  political  opin 
ion,  and  the  collisions  which  sometimes  spring  from  them? 
should  be  regarded  as  the  natural,  perhaps  necessary  incidents 
of  all  free  institutions  ;  as  constituting  in  fact  that  portion  of 
alloy  which,  by  the  ordination  of  Providence,  seems  to  have 
been  mingled  with  all  our  best  comforts  and  blessings,  and 
without  which  we  could  not  have  been  permitted  to  enjoy  the 
blessing  of  civil  liberty,  which  is  more  precious  in  our  estimation 
than  all  others. 

But  it  is  believed  that  the  testimony  of  all  history  will  de 
monstrate  that  such  difficulties  have  been  of  less  frequent  oc 
currence,  and  attended  with  much  less  serious  consequences  in 
this,  than  in  any  other  Government  partaking  in  any  degree  of 
the  republican  form,  which  has  existed  on  the  face  of  the  earth. 
It  was,  at  any  rate,  precisely  with  a  reference  to  these  natural 
and  necessary  consequences  of  the  freedom  of  all  our  political 
institutions,  that  the  grand  conservative  principle,  which  is 
found  in  the  Judiciary  department,  was  deeply  implanted  in  the 
system  ;  that  a  high  tribunal  was  appointed  to  stand,  as  it  were, 
by  the  very  tenure  of  its  office,  as  well  as  by  the  peculiarity  of 
its  attributes  in  other  respects,  separate  and  distinct  from  all 
other  departments  of  the  Government.  That  to  this  tribunal 
was  confided  the  great  business  of  interpreting  the  Constitution 
and  the  laws,  and  of  performing  the  high  office  of  arbiter,  in 
the  last  resort,  of  all  questions  "  of  disputed  power"  that  might 
arise  in  the  course  of  their  administration.  It  is,  in  the  opinion 
of  the  Committee,  no  more  than  a  tribute  justly  due  to  the 
character  and  conduct  of  this  distinguished  tribunal,  as  well  as 
to  the  wisdom  and  forecast  of  the  illustrious  statesmen  who  pro 
vided  for  its  organization,  to  pronounce  that  it  has  hitherto  ful 
filled  most  faithfully  and  effectually,  the  great  purposes  of  its 
appointment. 

It  must  be  admitted,  indeed,  that,  in  the  course  of  a  series  of 
years,  during  which  the  system  has  been  in  operation,  a  few  iso 
lated  instances  of  insubordination,  not  only  among  considera 
ble  masses  of  citizens,  but  extending,  even,  to  the  constituted 
authorities  of  whole  States,  have  been  known  to  exist,  which 


253 

seemed,  at  first,  too  mighty  to  be  controlled  by  the  mild,  and 
peaceable  operation  of  the  principle  alluded  to;  but,  happily, 
for  the  peace,  and  honor  of  the  country,  the  Constitution  and 
the  laws  have  hitherto  in  all  such  cases,  eventually  triumphed. 
The  Committee,  here,  feel  a  degree  of  pride  as  well  as  pleasure, 
from  having  an  opportunity  to  unite  their  humble  voice  with 
that  of  a  late  distinguished  Commentator,  who  had,  perhaps,  as 
much  to  do,  as  any  other  mortal,  now  living  or  dead,  in  the 
original  formation  and  subsequent  administration  of  our  present 
system  of  government,  in  the  declaration  that,  "  with  few  excep 
tions,  the  course  of  the  Judiciary  has,  hitherto,  been  sanctioned 
by  the  predominant  sense  of  the  nation." 

If,  in  relation  to  this  particular  branch  of  the  subject,  any 
thing  further  were  wanting  in  confirmation  of  the  opinions 
which  are  entertained  by  every  member  of  the  Committee,  they 
would  beg  leave  to  invoke  to  their  aid,  and  indeed  to  adept  as 
their  own,  the  sentiments  that  were  once  expressed  by  the  Au 
thorities  of  another  leading  State  of  this  Union  in  a  case  cor 
responding,  essentially,  in  its  character,  and  in  fact  almost  en 
tirely  analogous,  in  its  circumstances,  to  that  which  is  now  pre 
sented  for  consideration. 

The  Committee,  here,  allude  to  the  proceedings  of  the  Legis 
lature  of  Virginia,  some  thirty  years  ago,  when  a  proposition 
was  submitted  to  them  by  the  Government  of  a  neighboring 
State,  then  the  largest,  and  most  influential  member  of  the 
confederacy,  for  an  amendment  of  the  Constitution  of  the  United 
States,  by  providing  for  "  the  appointment  of  an  impartial  tri 
bunal  to  decide  disputes  between  the  State,  and  Federal  Judi 
ciary  ;"  in  other  words,  a  tribunal,  in  relation  to  which,  the  one 
now  established  by  the  Constitution,  should  become,  a  mere 
Subordinate  and  Dependent.  It  would  be  foreign  from  the 
purpose  of  the  present  inquiry,  and  serve  only  to  revive  the 
remembrance  of  scenes,  which,  for  the  honor  of  the  country, 
should  rather  be  permitted  to  pass  silently  to  oblivion,  and,  if 
possible,  be  obliterated  from  the  history  of  this  government, 
were  the  Committee  to  attempt  a  detail  of  the  reasons,  or  rather, 
pretexts^  which  were  urged  as  the  grounds  of  this  extraordinary, 
and,  at  the  time,  wholly  unprecedented  proposal,  on  the  part  of 
the  great  State  that  has  been  alluded  to. 


254 

It  is  sufficient  for  us  to  know,  that  it  was  a  case  in  which  the 
highest  Authorities  of  one  of  the  States  of  this  Union  were  seen 
in  hostile  array,  on  the  very  verge  of  open  insurrection,  against 
the  Judicial  power  of  the  nation  ;  and  which,  but  for  a  return 
ing  consciousness  of  error  and  delusion,  on  the  one  side,  and  a 
firm,  undeviating  perseverance  in  the  execution  of  its  high  du 
ties,  on  the  other,  must  inevitably  have  involved  the  country  in 
all  the  complicated  horrors  of  civil  war. 

But,  happily  for  the  nation,  the  pretensions  and  the  project 
of  the  disaffected  State  received  no  countenance  from  the  State 
of  Virginia  Her  response,  on  the  occasion,  was  precisely  such 
as  might  reasonably  have  been  anticipated  from  the  intelligence 
and  pure  patriotism  of  such  men  as  are  known  to  have  presided, 
at  that  day,  in  the  councils  of  that  much  distinguished  Common 
wealth. 

"  It  was.  among  other  things,  unanimously  resolved  by  both 
Branches  of  their  Legislature,  that,  in  their  opinion,  there  was 
a  Tribunal,  already  provided  by  the  Constitution  of  the  United 
States,  to  wit,  the  Supreme  Court,  more  eminently  qualified,  from 
their  habits  and  duties,  from  the  mode  of  their  selection,  and 
from  the  tenure  of  their  office,  to  decide  the  disputes  aforesaid, 
in  an  enlightened  and  impartial  manner,  than  any  other  Tribu 
nal  which  could  be  erected." 

Such,  to  the  very  letter,  was  the  magnanimous  declaration  of 
Virginia,  when,  by  reason  of  an  unpopular  Judicial  decision,  (in 
the  celebrated  Olmstead  case  of  Pennsylvania)  she  was  invited 
to  co-operate  in  an  attempt  to  break  up  the  existing  foundations 
of  the  Judiciary  Department  of  our  Government.  The  example 
thus  presented  to  us,  is  worthy  of  all  praise,  and  of  imitation  ; 
and  it  surely  is  of  not  the  less  authority,  from  the  circumstance  of 
being  holden  up  to  us,  by  a  member  of  this  Union,  which,  what 
ever  may  at  any  time  have  been  said,  or  thought  of  its  political 
character,  in  other  respects,  has,  it  is  believed,  never  been  sus 
pected  of  any  deficiency  of  zeal,  or  devotedness  to  the  cause  of 
State  rights,  or  the  protection  of  its  own  dignity  and  sovereignty. 

The  Committee  will  not  attempt,  by  any  further  commentary 
of  their  own,  to  give  to  this  precedent,  additional  strength  or 
weight. 


255 

In  fine,  upon  a  mature,  and  deliberate  consideration  of  the 
whole  subject  submitted  to  them,  the  Committee  have  unani 
mously,  agreed  to  recommend  to  this  Legislature,  the  adoption 
of  the  following  Resolves. 

For  the  Committee. 

GEORGE  BLAKE. 


RESOLVES. 


WHEREAS,  the  Governor  of  the  State  of  South  Carolina  did,  by 
his  communication,  under  date  of  the  fifth  day  of  January  last 
past,  transmit  to  His  Excellency  the  Governor  of  this  Common 
wealth,  copies  of  a  certain  preamble,  and  resolutions  connected 
therewith,  recently  passed  by  both  branches  of  the  Legislature 
of  the  said  first  mentioned  State,  with  a  request  that  the  same 
might  be  laid  before  the  Legislature  of  this  Commonwealth  ;  in 
which  said  preamble  and  resolutions,  it  is  set  forth  that  "  serious 
causes  of  discontent  do  exist  among  the  States  of  this  Union, 
from  the  exercise,  by  Congress,  of  powers  not  conferred  or  con 
templated  by  the  sovereign  parties  to  the  compact ;  and  resolv 
ing,  therefore,  that  it  is  expedient  that  a  Convention  of  the 
States  be  called,  as  early  as  practicable,  to  consider  and  deter 
mine  such  questions  of  disputed  power  as  have  arisen  between 
the  States  of  this  Confederacy  and  the  General  Government." 

AND  WHEREAS,  His  Excellency  the  Governor  of  this  Common 
wealth  hath,  in  pursuance  of  the  said  request,  submitted  to  the 
consideration  of  this  Legislature,  the  preamble  and  resolutions 
aforesaid  :  Therefore 

1.  Resolved,  by  the  Senate  and  House  of  Representatives  of  the 
Commonwealth  of  Massachusetts,  in  General  Court  assembled,  That 
the  Legislature  of  this  Commonwealth  do  not  recognize  the  ex 
istence,  at  this  time,  of  any  serious  causes  of  discontent,  among 
the  States  generally,  of  this  Union,  or  in  any  one  of  them  ;  much 
less,  can  they  admit  that,  if  any  such  discontents  do,  in  fact,  ex 
ist,  they  have  arisen  from  the  exercise  by  Congress  of  powers  not 
conferred  or  contemplated  by  the  sovereign  parties  to  the  com 
pact,  as  is  asserted  in  the  before  mentioned  communication  from 
the  Legislature  of  South  Carolina. 

2.  Resolved,  That  there  is,  already  existing,   under  the   Con 
stitution  of  the  United  States,  a  proper  and  competent  tribunal, 
namely,  the  Supreme  Court  of  the  United    States,  who  are  in 
vested  with  sufficient  power  and  authority;  who  are  eminently 


257 

qualified,  and  to  whom  it  constitutionally  belongs,  to  consider 
and  determine  "  the  questions  of  disputed  power,"  and  all  other 
matters  of  controversy  which  are  referred  to  in  the  said  preamble 
and  resolutions  :  Therefore 

3.  Resolved,  That  the  Legislature  of  this  Commonwealth  do 
not  accede  to  the  proposition  of  calling  a  Convention  of  the 
States  for  the  purposes  therein  expressed,  or  for  any  other  pur 
pose  whatsoever. 

4.  Resolved,  That  His  Excellency  the  Governor,  be  requested 
to  transmit  a  copy  of  these  resolves,  together  with  the  report 
which  accompanies  them,  to  the  President  of  the  United  States, 
the  Governors  of  all  the  States,  and  to  each  of  the  Senators  and 
Representatives  of  this  Commonwealth  in  Congress. 

IN  SENATE,  March  16,  1833. 
Read  twice  and  passed.     Sent  down  for  concurrence. 

B.  T.  PICKMAN,  President. 

HOUSE  OF  REPRESENTATIVES,  March  18,  1833. 
Read  twice  and  passed  in  concurrence. 

W.  B.  CALHOUN,  Speaker. 

March  18,  1833. 
Approved. 

LEVI  LINCOLN. 


34 


of 


HOUSE  OF  REPRESENTATIVES,  MARCH  18TH,   1833. 

The  Joint  Select  Committee,  appointed  to  consider  the  Resolu 
tions  of  the  Legislature  of  Georgia,  proposing  a  Convention 
of  the  People  of  the  United  States,  for  the  Amendment,  in 
various  respects,  of  the  Constitution,  and  also  so  much  of  the 
Governor's  Special  Message  as  relates  thereto,  have  attended 
to  the  duty  assigned  them,  and  ask  leave  to  submit  the  fol 
lowing 

REPORT : 

The  Resolutions  of  the  State  of  Georgia  propose  to  the  other 
States  of  the  Union  the  call  of  a  Convention  of  the  people,  in 
conformity  with  the  provisions  of  the  fifth  article  of  the  Consti 
tution,  for  the  purpose  of  defining  and  making  certain  that  in 
strument  in  regard  to  certain  questions  of  disputed  power,  and 
for  the  purpose  of  altering  it  in  other  respects,  wherein  it  needs 
amendment,  in  the  opinion  of  the  Legislature  of  Georgia.  In 
the  preamble  to  their  resolutions,  they  premise  that  "  through 
out  the  United  States  there  exist  many  controversies,  growing 
out  of  the  conflicting  interests  which  have  arisen  among  the 
people  since  the  adoption  of  the  Federal  Constitution, — out  of 
the  cases  in  which  Congress  claims  the  right  to  act  under  con 
structive  or  implied  powers, — out  of  the  disposition,  shown  by 
Congress,  too  frequently  to  act  under  assumed  powers, — and 
out  of  the  rights  of  jurisdiction,  either  claimed  or  exercised  by 
the  Supreme  Court," — all  of  which  controversies,  they  allege 
have  a  tendency  to  produce  discontent  and  disaffection  among 
the  citizens  of  the  United  States,  and  ultimately  to  bring  about 
a  dissolution  of  the  Union  ;  and  upon  these  premises  they  con 
clude  that  experience  has  "  clearly  proved"  the  Constitution  to 


259 

need  amendment  in  thirteen  distinct  particulars,  which  they 
proceed  to  set  forth  specifically,  as  the  basis  of  their  Resolu 
tions.  Your  Committee  propose  briefly  to  remark  upon  the 
several  portions  of  the  Preamble  to  the  Resolutions,  and  in  so 
doing  they  will  have  explained  the  grounds  of  the  Resolves, 
which  they  offer  to  the  consideration  of  the  Senate  and  House 
of  Representatives. 

Your  Committee  do  not  pretend  to  deny,  that  "  controversies" 
exist  in  some  parts  of  the  Union,  "  growing  out  of  the  conflict 
ing  interests,  which  have  arisen  among  the  people  since  the 
adoption  of  the  Federal  Constitution."  Such  controversies,  and 
such  sources  of  controversy,  are  inseparable  from  the  very  ex 
istence  of  political  society,  and  belong  to  the  practical  operation 
of  every  system  of  government  in  every  country.  They  are  not 
such  as  any  modifications  of  the  present  Constitution  could  re 
move,  or  any  prescribed  form  of  fundamental  law  prevent.  Of 
course,  whatever  may  be  the  extent,  nature,  degree,  or  tendency 
of  controversies  of  this  description,  they  do  not  seem  to  your 
Committee  to  afford  any  argument  in  favor  of  the  call  of  a  Con 
vention. 

And  whatever  controversies  may  have  arisen  out  of  "  the 
cases,  in  which  Congress  claims  the  right  to  act  under  construc 
tive  or  implied  powers,"  your  Committee  conceive  that  still  less 
can  such  cases  be  admitted  to  render  the  call  of  a  Convention 
necessary  or  expedient.  Prior  to  the  time  when  the  people  of 
the  United  States  adopted  the  Constitution,  they  possessed, 
either  in  themselves  individually,  or  in  their  respective  state 
governments,  all  the  powers  of  sovereignty.  That  Constitution 
consists  in  part  of  a  specification  of  powers,  whereof  the  people 
saw  fit  to  divest  themselves  or  the  States,  in  order  to  concede 
them  to  the  government  of  the  United  States ;  and  it  is  mani 
fest  that,  according  to  the  settled  principles  of  constitutional 
jurisprudence,  the  Union  cannot  rightly  claim  any  powers,  other 
than  such  as  are  bestowed  upon  it  by  the  Constitution.  What 
those  powers  are,  and  what  their  extent,  are  in  themselves  es 
sentially  questions  of  construction,  that  is,  of  the  legal  meaning 
and  effect  of  the  terms  of  the  instrument.  Whether  it  shall  be 
construed  liberally,  or  whether  it  shall  be  construed  strictly, — 
or  whether  neither  liberally  nor  strictly,  if  there  be  any  middle 


260 

course, — still  at  any   rate  it  must  be  construed  in  some  way ; 
and  the  force  of  any  grant,  in  respect  of  the  powers  conveyed 
by  it  either  expressly  or  impliedly,  is  and  must  forever  continue 
to  be  a  question  of  construction.     That  construction  is  a  process 
of  definition,  dependant  upon  the  same  rules  of  law,  philology, 
and  common  sense,  which  settle  the  construction  of  other  in 
struments  ;  and  if  any  doubts  arise  thereon,  the  Constitution  it 
self  provides  for  the  mode  by  which   such  doubts  are  to  be  re 
moved,  namely,  by  means  of  the  Supreme  Court  of  the  United 
States.     To  assemble  a  Convention  for  the  purpose  of  making 
such  construction,  would   not  only  be  contrary  to  the  tenor  of 
the  Constitution  itself,  but  would  serve  to  defeat  its  own  object, 
because  every  definition  or  explanation,  which  a  Convention 
should  undertake  to  give  concerning  questions  which  now  exist, 
would  of  necessity  furnish  the  materials  of  new  questions,  just 
as  difficult  to  decide  as  the  old  ones,  and  just  as  much  requiring 
the    interposition    of  a   Convention.      Your  Committee  are  of 
opinion  that  the  Constitution,  as  it  stands,  is  a  model  of  clear, 
exact,  intelligible  specification  and  limitation,  admirable  for  the 
distinctness  of  its  language,   remarkable  as  well  for  legal  pre 
cision  of  expression,  as  for  the  profound  political  wisdom  which 
characterizes  it ;  and  they  have  no  hopes  that  in  these  respects 
it  could  be  improved  as  a  whole  by  the  labors  of  a  new  Con 
vention 

Your  Committee,  with  all  due  respect  for  the  Legislature  of 
Georgia,  feel  bound  to  say  they  are  not  conscious  that  Congress 
has  frequently  shewn  a  disposition  "  to  act  under  assumed  pow 
ers" — provided  the  Legislature  of  Georgia  understand  by  those 
words  what  alone  the  Committee  can  understand  by  them, — 
powers  not  conferred  by  the  Constitution.  Congress  acts  on 
the  people  through  the  medium  of  legislation,  and  it  cannot  so 
act  without  the  concurrence  of  the  Executive  ;  and  the  rules 
of  conduct  which  Congress  and  the  Executive  conjointly  pre 
scribe  in  the  form  of  laws,  are  subject  to  the  revision  of  the 
Judiciary,  by  whom  their  constitutionality,  and  of  course  their 
validity,  is  to  be  judged.  Your  Committee  deem  this  mode  of 
redress  amply  sufficient,  in  the  ordinary  course  of  affairs,  to 
protect  the  people  against  the  actual  exercise  of  usurped  powers ; 


261 

and  they  are  wholly  at  a  loss  to  perceive  how  a  Convention 
could  govern  and  control  the  disposition  of  any  future  Congress. 

The  Supreme  Court,  in  the  judgment  of  your  Committee, 
neither  claims  nor  exercises  '  any  rights  of  jurisdiction'  not  vest 
ed  in  it  by  the  Constitution.  They  are  persuaded,  on  the  con 
trary,  from  careful  observation  of  the  judgments  of  that  august 
tribunal,  that  it  has  ever  manifested  a  becoming  diffidence  of  its 
own  powers,  a  disposition  to  act  strictly  within  the  prescribed 
boundaries  of  its  constitutional  functions,  and  a  conscientious 
deference  for  the  reserved  rights  of  the  States. 

Your  Committee  are  constrained  to  say  thus  much  in  reference 
to  the  premises  laid  down  by  the  Legislature  of  Georgia,  be 
cause  the  Committee  cannot  admit  them  to  be  sound,  in  any 
view  of  which  they  seem  to  be  justly  susceptible,  as  alleged  in 
ducements  to  the  call  of  a  Convention,  or  even  as  any  genuine 
or  adequate  causes  of  such  discontent  among  the  people,  as 
should  menace  the  safety  of  the  Union.  And  while  the  Commit 
tee  deny  that  these  general  consideratious  afford  any  motives  to 
constitutional  action,  they  equally  deny  that  past  '  experience5 
proves  the  necessity  of  altering  the  Constitution  in  the  manner 
proposed  by  the  State  of  Georgia. 

The  Legislature  of  Georgia  seeks  'amendment'  of  the  Consti 
tution, — 

'  First,  That  the  powers  delegated  to  the  General  Government, 
and  the  rights  reserved  to  the  States  or  to  the  people,  may  be 
more  distinctly  defined.' 

The  Committee  have  already  remarked  upon  this  point,  which 
is  purely  a  matter  of  judicial  construction,  not  of  fundamental 
legislation  by  the  agency  of  a  Convention. 

'  Secondly,  That  the  power  of  coercion  by  the  General  Gov 
ernment  over  the  States,  and  the  right  of  a  State  to  resist  an  un 
constitutional  act  of  Congress,  may  be  determined.' 

Your  Committee  conceive  that  these  points  are  '  determined' 
already  by  the  Constitution.  The  people  of  the  several  States 
have  bestowed  certain  specified  powers  upon  the  General  Gov 
ernment,  and  all  the  citizens  of  the  Union,  whether  acting  indi 
vidually  as  men,  or  collectively  through  the  intervention  of  the 
constituted  authorities  of  a  State,  are  alike  bound  to  yield  obedi 
ence  to  the  General  Government  within  the  limits  prescribed  by 


262 

the  Constitution.  If  Congress,  or  the  Executive,  overleap  those 
limits,  the  Judiciary  affords  the  means  of  immediate  redress ;  and 
the  people,  in  the  exercise  of  their  functions  as  electors,  can  pro 
vide  new  depositaries  of  the  legislative  and  executive  power ;  and 
if  these  remedies  fail,  and  the  public  abuse  and  usurpation  be  of 
adequate  magnitude  to  warrant  recurrence  to  ultimate  means  of 
relief,  there  remains  the  right  of  revolution  and  of  armed  resist 
ance.  These  principles,  sufficiently  clear  in  themselves,  have 
already  been  acted  upon  by  the  Legislature  in  their  decision 
upon  the  proceedings  in  South  Carolina,  and  do  not  require  any 
further  elucidation ;  and  your  Committee  will  only  add  that  this 
subject  of  amendment,  like  the  preceding,  is  also  matter  of  ju 
dicial  definition,  not  of  constitutional  organization. 

'  Thirdly,  That  the  principle  involved  in  a  tariff  for  the  direct 
protection  of  domestic  industry  may  be  settled.' 

Your  Committee  have  only  to  refer,  on  this  point,  to  the  opin 
ions  heretofore  expressed  by  the  Legislature  upon  the  constitu 
tionality  of  protective  tariff  regulations,  and  to  add  that  this  also 
is  a  question  of  definition  or  construction. 

'Fourthly,  That  a  system  of  federal  taxation  may  be  establish 
ed,  which  shall  be  equal  in  its  operation  upon  the  whole  people, 
and  in  all  sections  of  the  country.' 

Your  Committee,  knowing  that  Congress  has  power  to  lay 
and  collect  taxes,  duties,  imposts,  and  excises,  do  not  perceive 
any  cause,  in  the  history  of  the  country  or  the  nature  of  the  sub 
ject,  for  taking  away  that  authority  ;  and  they  are  not  aware  of 
any  useful  object  to  be  attained  by  subjecting  this  part  of  the 
Constitution  to  revision  by  a  Convention. 

{  Fifthly,  That  the  jurisdiction  and  process  of  the  Supreme 
Court  may  be  clearly  and  unequivocally  settled.' 

Your  Committee  are  of  opinion  that  the  jurisdiction  of  the  Su 
preme  Court,  extending  to  all  cases  in  law  and  equity  arising 
under  the  Constitution,  laws,  and  treaties  of  the  Union,  and  to 
various  other  classes  of  cases  described  in  the  Constitution,  is 
therein  defined  with  comprehensive  precision,  so  far  as  it  can  be 
defined  by  means  of  language.  Its  process  is  matter  of  legisla 
tion,  within  the  powers  of  Congress,  and  there  is  no  need  of  the 
action  of  a  Convention  upon  that  point.  And  although  an 
amendment  of  the  Constitution  might  grant  new  powers  to  the 


263 


Supreme  Court,  or  abstract  from  it  powers  which  it  now  possess 
es,  the  Committee  do  not  perceive  how  its  jurisdiction  could  be 
any  more  <  clearly  aud  unequivocally  settled'  by  a  Convention. 

1  Sixthly,  That  a  tribunal  of  last  resort  may  be  organized  to 
settle  disputes  between  the  General  Government  and  the  States.' 

Your  Committee  conceive  such  an  object  to  be  entirely  im 
practicable  ;  and  moreover,  to  be  quite  incompatible  with  the 
principles  or  the  healthful  action  of  the  Constitution.  The  au 
thority  of  the  United  States,  under  the  Constitution,  attaches 
to  individuals,  not  to  States ;  and  a  Convention  could  neither 
cure  nor  prevent  such  « disputes,'  unless  it  should  totally  change 
the  whole  theory  of  the  Government,  and  interpose  the  authority 
of  the  States  between  individuals  and  the  Union.  The  great 
distinction  between  our  Constitution  and  the  fundamental  sys 
tem  of  other  federal  governments  is,  that  the  latter  were  sove 
reignties  over  sovereignties,  and  that  they  legislated  for  political 
communities,  and  thus  whenever  either  of  the  members  of  those 
confederacies  chose  to  disobey  the  commands  of  their  general 
government,  either  a  civil  war  or  a  dissolution  of  the  confederacy 
ensued  ;  whereas  the  power  of  the  United  States  acts  upon  pri 
vate  individuals,  and  thus  holds  the  constitutional,  as  well  as  the 
physical  means,  to  compel  the  obedience  of  the  citizens  of  any 
refractory  State.  Your  Committee  regard  this  as  one  of  the  most 
beautiful  and  essential  features  of  that  admirable  charter  ;  as  the 
great  object,  in  fact,  which  our  forefathers  sought  to  secure  in 
substituting  the  present  Constitution  in  place  of  the  old  articles 
of  confederation, — and  as  among  the  last  of  its  provisions,  which 
we  ought  to  be  willing  to  abandon  or  jeopardize. 

'  Seventhly,  That  the  power  of  chartering  a  bank,  and  of 
granting  incorporations,  may  be  expressly  given  to  or  withheld 
from  Congress.' 

Your  Committee  cannot  think  it  of  any  consequence  now  to 
introduce  a  clause  into  the  Constitution,  to  the  effect  of  express 
ly  authorizing  Congress  to  establish  a  bank  or  other  corporation. 
The  power  of  Congress  is  incontrovertibly  settled  in  the  point 
of  general  power,  by  the  repeated  action  of  Congress  and  of  the 
Executive  on  the  subject,  and  by  adjudications  of  the  Supreme 
Court.  Of  course,  the  power  of  chartering  a  bank  is  to  be 
deemed  and  taken  as  a  part  of  the  Constitution,  just  as  much 


264 


as  if  it  had  been  expressly  specified.  No  practical  object 
could  be  answered  by  a  Convention,  in  respect  of  this,  unless  to 
prohibit  the  establishment  of  a  bank  by  Congress,  which  your 
Committee  cannot  recommend,  impressed  as  they  are  with  a 
strong  sense  of  the  utility  and  importance  of  a  National  Bank, 
to  every  portion  of  the  Union. 

'Eighthly,  That  the  practice  of  appropriating  money  for 
works  of  internal  improvement,  may  be  either  sanctioned  by  an 
express  delegation  of  power,  or  restrained  by  express  inhibition. 

If  the  Constitution  were  now  to  be  framed,  your  Committee 
will  not  deny  that  it  might  be  expedient  to  insert  in  it  an  ex 
plicit  provision  upon  this  vexed  question.  They  are  aware  that 
grave  differences  of  opinion  have  obtained  among  the  most  dis 
tinguished  statesmen  of  the  country,  as  to  the  power  of  Con 
gress  to  make  appropriations  of  money  for  objects  of  internal 
improvement,  so  called,  within  the  limits  of  any  of  the  States. 
Under  the  power  to  establish  post  roads,  to  regulate  commerce, 
and  to  raise  moneys  to  provide  for  the  general  welfare,  Con 
gress  has  repeatedly  authorized  the  execution,  at  the  charge  of 
the  United  States,  in  part  or  in  whole,  of  public  works  of  this 
description ;  and  whatever  questions  have  been,  or  may  here 
after  be  raised,  concerning  the  extent  of  this  power,  your  Com 
mittee  believe  that  the  opinions  and  practice  of  the  two  Houses 
of  Congress  and  the  Executive,  in  their  discussion  and  action 
upon  the  subject,  will  ere  long  have  provided  a  safe  construc 
tion  of  the  Constitution  in  this  respect,  as  they  have  done  in 
others,  where  doubt  once  existed  as  to  the  meaning  of  that  in 
strument.  However  this  may  be,  your  Committee  do  not  think 
it  is  a  matter  which  demands  the  call  of  a  Convention  ;  and  that 
if  the  Constitution  needs  amendment  in  that  particular,  it  should 
be  provided  by  means  of  Congress,  under  the  provisions  in  the 
fifth  article  of  the  Constitution. 

«  Ninthly,  That  it  may  be  prescribed,  what  disposition  shall 
be  made  of  the  surplus  revenue,  when  such  revenue  is  found  to 
be  on  hand.' 

«  Tenthly,  That  the  right  to,  and  the  mode  of  disposition  of 
the  public  lands  of  the  United  States,  may  be  settled.' 

Your  Committee  are  not  aware  that  any  serious  constitutional 
difficulty  exists  in  relation  to  these  two  subjects,  which  they 


265 

deem  to  be  mere  questions  of  public  policy  and  expediency,  en 
tirely  within  the  competency  of  Congress. 

4  Eleventhly,  That  the  election  of  President  and  Vice  Presi 
dent  may  be  secured,  in  all  cases,  to  the  people.' 

*  Twelfthly,  That  their  tenure  of  office  may  be  limited  to  one 
term.5 

Whatever  considerations  there  may  be  in  favor  of  an  amend 
ment  of  the  Constitution  in  these  particulars,  and  your  Commit 
tee  admit  that  the  expediency  of  a  change  in  the  second  of  them 
rests  upon  highly  plausible  grounds,  yet  the  mode  of  amendment 
through  the  agency  of  Congress,  pointed  out  by  the  Constitution, 
seems  to  them  to  be  fully  competent  to  effect  such  an  amend 
ment,  whenever  it  shall  be  the  will  and  desire  of  a  decided  ma 
jority  of  the  people  of  the  United  States. 

1  Lastly,  that  the  rights  of  the  Indians  may  be  definitely  set 
tled.7 

Your  Committee  believe  this  to  be  purely  a  subject  of  judi 
cial  construction  under  the  Constitution,  laws,  and  treaties  of 
the  United  States  ;  that  the  Supreme  Court  is  competent  to  set 
tle  any  questions  appertaining  to  it,  which  do  exist,  or  which 
may  hereafter  exist ;  and  that,  of  course,  it  offers  no  exigency 
requiring  the  call  of  a  Convention. 

In  fine,  the  specific  objects  of  amendment  proposed  by  the 
State  of  Georgia,  are  of  two  kinds  : — first,  things  wherein  the 
true  intendment  of  certain  clauses  of  the  Constitution  may  have 
been  deemed  questionable,  which  your  Committee  regard  as  the 
proper  subject  matter  of  judicial  construction  or  definition,  in 
the  last  resort  of  constitutional,  as  distinguished  from  extra  con 
stitutional  modes  of  procedure,  and  of  course  as  not  fitting  ob 
jects  of  a  Convention ;  and,  secondly,  things  wherein  specific 
alterations  of,  or  additions  to  the  Constitution  may  have  been 
deemed  expedient,  which  your  Committee  regard  as  belonging 
to  the  competency  of  Congress,  and  by  no  means  of  such  vital 
consequence  as  to  justify  the  extraordinary  step  of  a  Convention 
of  the  people  of  the  United  States. 

Having  thus  adverted  to  the  reasons  on  which  the  Legislature 
of  Georgia  found  their  proposition  for  the  call  of  a  Convention, 
and  also  to  the  specific  objects  of  amendment  which  they  pro 
pound  for  investigation,  your  Committee  have  only  to  add,  in 
35 


266 

conclusion,  that  they  conceive  the  meeting  of  a  Convention  of 
the  people,  for  the  purpose  of  revising  the  Constitution,  in  these 
or  any  other  respects,  to  be  a  remedy  required  only  by  pressing 
emergencies  of  national  exigency  ;  and  they  apprehend  that, 
under  any  subsisting  state  of  public  feeling,  its  tendency  would 
be  to  create  new  questions  of  difficulty,  and  to  augment  the  dif 
ferences  of  opinion  in  regard  to  old  ones,  and  thus  to  weaken 
rather  than  confirm  the  power  of  the  Union.  The  Legislature 
of  Georgia  have  alleged  various  subjects  of  fundamental  law  as 
requiring  the  agency  of  a  Convention,  being  such  as  the  pecu 
liar  views  or  position  of  the  State  of  Georgia  have  suggested  to 
her  Legislature.  It  would  be  easy  for  your  Committee  to  swell 
the  number  of  subjects  equally  suitable  for  the  consideration  of  a 
Convention  with  those  under  discussion,  derived  from  the  views 
and  position  of  this  Commonwealth  ;  and  some  of  the  latter  class 
of  subjects  involve  questions  of  public  right,  of  national  expe 
diency,  of  constitutional  organization,  quite  as  important  in 
themselves,  and  quite  as  dear  to  the  convictions  of  the  people 
of  Massachusetts,  as  any  of  the  former  class  can  possibly  be  to 
the  people  of  Georgia.  But  your  Committee  are  content  with 
the  Constitution  in  the  form  they  have  received  it  from  their 
fathers,  regarding  it  as  a  monument  of  comprehension  and  sa 
gacity,  which  the  labors  of  a  Convention  might  perhaps  improve 
in  some  points,  but  which  they  would  be  more  likely  to  unsettle 
and  overturn,  without  possessing  the  capacity  or  the  power  to 
raise  upon  its  ruins  another  equally  noble  fabric  of  political 
wisdom  to  supply  its  place.  Whilst  entertaining,  therefore,  all 
proper  respect  for  the  opinions  of  the  Legislature  of  Georgia, 
and  while  solicitous  to  treat  that  State  with  deference  as  a  co 
equal  member  of  the  Union,  your  Committee,  in  view  of  the 
whole  matter,  recommend  to  the  Legislature  the  adoption  of  the 
following  Resolves. 

For  the  Committee, 

CALEB  CUSHING. 


RESOLVES. 


Whereas,  the  Governor  of  the  State  of  Georgia  did,  by  his 
communication  under  date  of  the  twenty-eighth  day  of  Decem 
ber  last,  transmit  to  His  Excellency  the  Governor  of  the  Com 
monwealth,  copies  of  a  certain  Preamble  and  Resolutions  con 
nected  therewith,  recently  adopted  by  the  Legislature  of  said 
State  of  Georgia,  and  His  Excellency  did,  by  his  Special  Mes 
sage  of  the  sixteenth  of  January  last,  communicate  the  same  to 
the  Legislature  of  this  Commonwealth  : — 

And  whereas,  in  said  Preamble  and  Resolutions  it  is  set  forth 
that,  for  certain  reasons  therein  alleged,  the  State  of  Georgia 
doth  make  application  to  the  Congress  of  the  United  States  for 
the  call  of  a  Convention  of  the  People  to  amend  the  Constitu 
tion  in  sundry  particulars,  enumerated  in  said  Preamble,  and  in 
such  others  as  the  People  may  consider  needful  : — 

And  whereas,  the  specified  subjects  of  amendment  are  either 
matters  of  definition  or  construction  merely,  arising  on  the  face 
of  the  Constitution,  as  to  which  the  meaning  of  the  Constitution 
is  already,  or  may  hereafter  be,  satisfactorily  ascertained  under 
the  Constitution,  and  by  means  provided  therein,  and  which 
matters  do  not  properly  come  within  the  functions  of  a  Conven 
tion  ;  or  else  matters  of  amendment  suitable  for  the  considera 
tion  of  Congress,  under  the  Fifth  Article  of  the  Constitution, 
and  not  of  such  vital  moment  as  to  require  the  call  of  a  Conven 
tion  : — Therefore, 

1.  Resolved,  That  the  Legislature  of  this  Commonwealth 
do  not  concur  in  the  proposition  of  the  State  of  Georgia,  inviting 
a  Convention  of  the  People  of  the  United  States  for  the  purpose 
of  amending  the  Constitution. 

2.  Resolved,    That   His    Excellency   the    Governor   be   re 
quested  to  transmit  a  copy  of  these  Resolves,  together  with  the 
Report  which  accompanies  them,  to  the  President  of  the  United 
States,  to  the  Governors  of  all  the  States,  and  to  each  of  the 
Senators  and  Representatives  of  this  Commonwealth  in  Con 
gress. 


EXECUTIVE  DEPARTMENT,  GA. 

MILLEDGEVILLE,  JUNE  7,  1833. 

SlR,- 

IN  transmitting  to  you,  the  Acts  of  the  General  Assembly  of 
this  State,  passed  at  its  last  session,  I  beg  leave  to  correct  an 
error,  which  occurred  through  the  inadvertence  of  the  press,  and 
a  want  of  proper  scrutiny  at  this  Department,  in  regard  to  a 
resolution,  transmitted  to  you  on  the  28th  of  December  last,  and 
purporting  to  have  been  approved  on  the  22d  of  said  month. 
The  resolution  forwarded  to  you,  was  rejected  by  the  Legisla 
ture,  and  a  substitute  adopted  (which  you  will  find  in  the  print 
ed  laws,  pages  49  and  50.) 

The  official  signatures  of  the  officers  of  both  branches  of  the 
General  Assembly,  and  that  of  the  Governor,  were  improperly 
placed  by  the  printer,  to  the  resolutions  heretofore  forwarded 
to  you,  and  forwarded  from  this  Department  without  detecting 
the  error. 

I  have  the  honor  to  be,  respectfully, 

Your  Obedient  Servant, 

WILSON  LUMPKIN. 

His  Excellency  the  Governor  of  Massachusetts. 


of 


RESOLVES. 

HOUSE  OF  REPRESENTATIVES. 

WHEREAS,  The  Tariff  Law  of  the  last  session  of  Congress  has 
not  satisfied  the  just  expectation  of  the  people  of  the  Southern 
States  :  whereas,  the  recent  attempt  to  provide  a  remedy  for  the 
evils  which  we  suffer  from  the  protective  system,  by  a  State 
Convention,  not  only  will  probably  be  abortive,  but  is  likely,  if 
persisted  in,  materially  to  disturb  the  public  harmony,  and  lessen 
the  moral  force  of  the  State  :  and,  whereas,  the  resolutions 
adopted  by  the  delegates  of  a  minority  of  the  people,  and  which 
are  about  to  be  submitted  to  the  whole  State  for  ratification, 
are  in  several  respects  of  a  most  objectionable  character,  it  be 
comes  the  duty  of  those  who  are  the  unquestionable  representa 
tives  of  the  people  of  Georgia,  to  interpose  for  the  purpose  of 
tranquillizing  the  public  mind,  and  concentrating  the  public 
will,  by  the  recommendation  of  a  course  of  policy,  which,  they 
trust,  will  obtain  the  general  approbation  of  the  community. 
Therefore, 

Resolved,  That  if  a  Southern  Convention  be  desirable,  it  is 
expedient  for  the  State  of  Georgia,  to  invite  the  States  of  Vir 
ginia,  North  Carolina,  South  Carolina,  Alabama,  Tennessee,  and 
Mississippi,  to  concur  with  her  in  electing  Delegates  to  a  Con 
vention,  which  shall  take  into  consideration  the  Tariff  system  of 
the  General  Government,  and  devise  and  recommend  the  most 
effectual  and  proper  mode  of  obtaining  relief  from  the  evils  of 
that  system. 

Resolved,  That  in  order  to  ascertain  the  sense  of  the  people 
of  Georgia,  on  this  subject,  the  following  plan  of  a  Southern 


272 

Convention,  be  submitted  to  them,  and  that  their  votes  on  the 
same  be  received  at  the  appointed  time  and  places  of  voting  for 
county  officers  in  the  several  counties  of  this  State,  on  the  first 
Monday  in  January  next ;  that  no  person  be  allowed  to  vote  on 
this  matter,  who  is  not  entitled  to  vote  for  members  of  the  Gen 
eral  Assembly ;  that  the  vote  be  expressed  by  endorsing  on  the 
ticket  the  words  "  Southern  Convention,"  or  "  No  Southern 
Convention  ;"  and  that  a  regular  list  be  kept  of  the  votes  so  en 
dorsed,  and  transmitted  to  the  Executive  Department,  by  the 
officers  presiding  at  the  elections. 

PLAN  OF  A  SOUTHERN  CONVENTION. 

ART.  1.  The  State  of  Georgia  invites  the  States  of  Virginia, 
North  Carolina,  South  Carolina,  Alabama,  Tennessee,  and  Mis 
sissippi,  to  concur  with  her  in  electing  Delegates  to  a  Conven 
tion,  which  shall  take  into  consideration  the  Tariff  system  of  the 
General  Government,  and  devise  and  recommend  the  most  ef 
fectual  and  proper  mode  of  obtaining  relief  from  the  evils  of  that 
system. 

ART.  2.  She  proposes  that  each  invited  State,  shall  send  to 
the  Convention,  a  number  of  Delegates  equal  to  the  number  of 
Senators  and  Representatives  to  which  such  State  is  entitled  in 
the  Congress  of  the  United  States. 

ART.  3.  The  Convention  shall  not  take  place,  unless  (five) 
States  of  the  six,  which  it  is  proposed  to  invite,  assent  to  the 
proposal. 

ART.  4.  The  time  and  place  of  assembling  the  proposed  Con 
vention,  shall  be  arranged  and  determined  by  correspondence 
among  those  who  shall  be  duly  authorized  by  the  States  assent 
ing  to  this  plan. 

ART.  5.  The  Governor  of  this  State,  is  authorized  and  desired 
to  communicate  the  invitation  and  proposals  contained  in  the 
four  preceding  articles  to  the  Governors  of  the  other  States 
above  mentioned,  with  a  request  that  they  be  made  known  to 
the  people  of  those  States  respectively.  He  is  also  authorized 
and  desired  to  arrange  by  correspondence,  the  time  and  place 
of  assembling  the  proposed  Convention,  conformably  to  the  pro 
vision  of  the  fourth  article. 


273 

ART.  6.  When  the  time  and  place  for  the  meeting  of  said 
Convention,  are  determined,  the  Governor  of  this  State  is  au 
thorized  and  desired  to  issue  his  proclamation,  with  timely  no 
tice,  for  an  election  of  eleven  delegates  by  general  ticket,  to 
represent  the  State  in  said  Convention ;  the  election  to  be  regu 
lated  by  the  same  principles  as  those  which  govern  the  election 
of  members  of  Congress.  It  is  also  desired  and  expected,  that 
the  Legislature  of  this  State  will  make  such  provision  as  may 
be  necessary  for  carrying  more  completely  and  readily  into 
effect,  the  above  plan,  if  it  should  be  adopted  as  proposed. 

ART.  7.  If  the  delegates  assembled  in  a  Southern  Convention, 
according  to  the  above  plan,  shall  agree  on  a  course  of  pro 
ceeding  which  they  recommend  to  the  States  represented, 
the  Governor  of  this  State  is  authorized  and  desired  to  issue  a 
proclamation,  with  timely  notice,  for  an  election  of  delegates  to 
a  State  Convention,  declaring  the  time  and  place  at  which  it 
shall  assemble.  Such  Convention  shall  consist  of  delegates 
from  every  County,  equal  in  number  to  that  of  its  members  in 
the  House  of  Representatives  of  this  State,  and  the  elections  for 
said  delegates  shall  be  regulated  by  the  same  principles,  and 
authenticated  by  the  same  forms  as  elections  for  members  of  the 
General  Assembly.  To  the  State  Convention  thus  elected,  the 
recommendations  of  the  Southern  Convention  shall  be  submit 
ted.  If  the  same  are  approved  by  the  State  Convention,  they 
shall  then  be  referred  to  the  people  for  final  ratification,  in  such 
manner  as  may  be  prescribed  by  said  Convention ;  and  if  they 
are  ratified  by  the  majority  of  those  persons  entitled  to  vote  for 
members  of  the  General  Assembly,  the  State  Convention  shall 
proclaim  that  the  said  recommendations  being  regularly  adopted, 
express  the  will  ofthe  people  of  Georgia  ;  and  shall  also  provide 
the  mode  of  giving  permanent  and  authentic  record  to  such  rat 
ification. 

Resolved,  That  if  the  above  plan  of  a  Southern  Convention  is 
adopted  by  the  votes  of  a  majority  of  the  citizens  of  this  State, 
given  in  the  manner  therein  described,  it  will  be  the  right  and 
duty  of  the  different  functionaries  of  the  State  Government,  to 
afford  all  necessary  aid  in  facilitating  its  execution. 

Resolved,  That  we  earnestly  advise  our  fellow-citizens,  not  to 
36 


274 

give  their  votes  on  the  resolutions  of  the  Convention  recently 
adjourned,  as  therein  proposed.  That  Convention  manifestly 
consisted  of  delegates  from  a  minority  of  the  people  ;  yet  they 
submit  their  acts  for  ratification  to  the  whole  people,  according 
to  a  form  contrived  by  themselves,  through  the  agency  of  per 
sons  appointed  by  themselves,  while  they  themselves  remain 
final  judges  of  the  ratification  proposed.  To  sanction  such  a 
procedure,  would  open  a  door  for  the  grossest  imposition,  would 
establish  an  alarming  precedent  for  usurping  the  rights  of  the 
majority,  and  might  alternately  [ultimately]  expose  us  to  all  the 
horrors  of  discord  and  anarchy. 

Resolved,  That  while  we  would  provide  a  corrective  for  the 
possible  continuance  of  those  evils,  of  which  we  have  so  much 
reason  to  complain,  we  still  hope  that  the  regular  operations  of 
the  General  Government  will  supercede  the  necessity  of  any 
extraordinary  measures  on  the  part  of  the  Southern  people,  and 
that  we  recognize  the  happiest  augury  of  better  things,  in  the 
growing  certainty  of  the  re-election  of  that  illustrious  patriot, 
Andrew  Jackson. 

Resolved,  That  we  abhor  the  doctrine  of  Nullification  as  nei 
ther  a  peaceful,  nor  a  constitutional  remedy,  but,  on  the  con 
trary,  as  tending  to  civil  commotion  and  disunion  ;  and  while 
we  deplore  the  rash  and  revolutionary  measures,  recently  adopt 
ed  by  a  Convention  of  the  people  of  South  Carolina,  we  deem 
it  a  paramount  duty  to  warn  our  fellow  citizens  against  the  dan 
ger  of  adopting  her  mischievous  policy. 

Agreed  to,  November  29,  1832. 

ASBURY  HULL,  Speaker. 
Attest,  ROBERT  W.  CARNES,   Clerk. 

IN  SENATE,  concurred  in,  December  12,  1832. 
THOMAS  STOKES,  President. 

Attest,  IVERSON  L,  HARRIS,  Secretary. 

Approved,  December  14?  1832. 

WILSON  LUMPKIN,  Governor. 


RESOLVES 


LEGISLATURE 


OF 


MISSISSIPPI 


RESOLVES. 


The  Committee  to  which  was  referred  the  communication  of  the 
Executive,  transmitting  to  this  House  a  resolution  of  the  Sen 
ate  and  House  of  Representatives  of  the  State  of  Georgia, 
"making  application  to  the  Congress  of  the  United  States,  in 
conformity  with  the  fifth  article  of  the  Federal  Constitution, 
for  the  call  of  a  Convention  of  the  people  to  amend  the  Consti 
tution  aforesaid,  in  the  particulars  therein  enumerated,  and  in 
such  others  as  the  people  of  the  other  States  deem  needful  of 
amendment",  beg  leave  to 

REPORT: 

That,  deeply  impressed  with  the  momentous  importance  of 
the  subject  referred  to  them,  they  have  bestowed  on  it  their 
most  deliberate  consideration.  They  are  proud  to  avow  the  sin 
cere  and  sacred  reverence,  which  they,  in  common  with  a  vast 
majority  of  their  fellow  citizens  entertain  for  the  Federal  Con 
stitution,  the  great  charter  of  our  national  liberties,  our  inde 
pendence  and  union.  Framed  as  it  was  originally,  by  a  Con 
vention  of  the  people  of  the  United  States,  and  sanctioned  after 
wards  by  the  people  of  the  respective  States,  in  their  highest 
sovereign  capacity,  we  should,  it  would  seem,  await  the  exist 
ence  of  the  most  urgent  and  palpable  necessity  of  amendment 
ere  we  proceed  to  provide  for  any  important  alteration  in  a  sys 
tem  of  government  presented  to  us  under  such  imposing  circum 
stances.  But  when  to  these  circumstances  is  added  the  recol 
lection  of  the  great,  the  good,  the  pure  and  gifted  statesmen  by 
whom  it  was  framed,  the  all  embracing  spirit  of  conciliation  and 
patriotism  in  which  it  originated,  and  by  which  it  was  perfect 
ed — the  signal  and  glorious  triumphs  which  under  it  have  at 
tended  the  eagle  of  our  star-spangled  banner  on  the  land  and  on 


278 

the  deep — the  high  and  wide  spread  national  character  which  it 
has  enabled  us  to  attain — the  unexampled  rapidity  of  our  march 
under  its  fortunate  auspices  to  national  glory,  power,  prosperity 
and  happiness — the  marked  and  all  pervading  influence  which 
it  has  exerted  in  liberalizing  the  forms  of  government  through 
out  the  civilized  world,  by  conferring  on  mankind  a  knowledge 
of  their  rights,  and  a  determination  and  courage  to  maintain  and 
defend  them ; — when  to  all  these  glorious  results,  it  is  added, 
that  the  paternal  voice  of  Him  who  was  first  in  war,  first  in 
peace,  and  still  is  first  in  the  hearts  of  his  countrymen,  employ 
ed  its  latest  accents  in  inculcating  a  deep  and  solemn  venera 
tion  for  this  Constitution  and  the  Union  ; — your  Committee 
would  do  injustice  to  their  feelings,  were  they  to  suppress  the 
avowal  that  they  seem  to  themselves  to  be  treading  upon  holy 
ground,  and  that  nothing  short  of  the  most  palpable  necessity 
could  induce  them  to  recommend  the  adoption  of  any  measures 
which,  however  well  designed,  might  ultimately  endanger  the 
existence  or  mar  the  symetry  and  beauty  of  this  most  perfect 
monument  of  uninspired  wisdom. 

Your  Committee,  however,  cannot  refrain  from  expressing, 
that  they  believe  that  a  wild  and  latitudinarian  construction  has 
been  placed  upon  the  Constitution  of  the  United  States,  by  many 
in  our  Government,  and  which  they  believe  to  be  well  calcu 
lated,  by  the  exercise  of  such  unlimited  construction,  to  be  pro 
ductive  of  discontent,  sectional  injustice,  and  even  oppression 
itself.  Your  Committee  believe  that  the  Congress  of  the  United 
States  have  no  right  to  exercise  any  powers  other  than  those 
which  are  expressly  delegated,  and  those  incidental  powers 
which  arise  under  that  express  grant;  and  would  gladly  see 
those  ambiguities  which  are  contained  in  that  instrument,  which 
has  been  justly  styled  the  "  charter  of  the  liberties  of  the  Amer 
ican  people,"  at  the  proper  time  so  amended  as  to  set  at  rest 
those  disputed  powers  which  have  agitated  our  happy  Govern 
ment  for  a  series  of  years;  but  the  turbulent  spirit  of  the  times, 
and  the  numberless  sectional  influences,  which  under  almost 
every  variety  of  form  and  shape  and  intensity,  pervade  and  agi 
tate  the  great  divisions  of  our  country,  would,  in  the  opinion  of 
your  Committee,  render  it  imprudent  to  concur  in  the  application 
contained  in  the  resolutions  of  the  State  of  Georgia  at  the  pre- 


279 


sent  critical  period  of  our  national  affairs  ;  while  the  citizens  of 
the  Union  are  subjected  to  those  adverse  influences,  it  would 
seem  more  than  madness  to  expect  that  calm  deliberation — that 
mutual  spirit  of  concession  and  conciliation,  that  broad  patriot 
ism  in  which  alone  it  originated,  and  which  should  inform,  direct 
and  animate  the  proceedings  of  any  body  of  men  who  may  be 
called  together  to  alter  or  amend  it.  Under  the  Constitution  as 
it  exists,  we  enjoy  a  freedom  of  laws,  of  order,  of  security  and 
peace,  and  we  enjoy  it  to  an  extent  hitherto  unexampled  in  the 
records  of  the  world.  Freedom,  Americans  always  will  possess. 
Her  image  is  stamped  so  deeply  upon  our  hearts,  that  like  the 
form  of  Phidias  on  the  shield  of  his  Minerva,  it  can  be  obliterated 
by  the  annihilation  alone  of  the  substance  on  which  it  is  im 
pressed.  But  an  unsuccessful  attempt  to  render  the  Constitu 
tion  more  congenial  to  the  wishes  of  those  States  which  are  most 
anxious  for  its  amendment — the  angry  warmth  and  excitement 
which  would  attend  the  struggle,  and  the  malignant  passions  it 
would  engender,  might  change  this  peaceful  freedom,  (which  is 
our  pride  and  boast,)  into  a  freedom  of  fraternal  wars,  of  blood 
shed  and  desolation. 

If  a  Convention  were  called  for  the  purpose  of  defining  with 
more  precision  those  parts  of  the  Constitution  which  are  consid 
ered  indefinite,  and  prohibiting  the  exercise  of  those  powers 
which  being  considered  doubtful,  have  constituted  the  ground 
work  of  those  violent  party  divisions  which  distract  our  country, 
your  Committee  believe  that  it  would  be  productive  of  results 
wholly  foreign  to  the  wishes  of  those  who  are  most  anxious  for 
the  call.  A  Convention  assembled  at  this  time,  they  have  every 
reason  to  believe,  would  affirm  these  very  powers  which  are  so 
obnoxious  to  a  majority  of  the  citizens  of  the  southern  sections 
of  the  Union.  The  constitutionality  of  a  Tariff  of  protection 
has  been  affirmed  by  eighteen  of  the  twenty-four  States ;  the 
larger  States  all  being  in  favor  of  the  affirmation.  Now  it 
should  be  recollected  that  the  power  of  the  smaller  States  is 
greater  in  Congress  than  it  would  be  in  a  Convention  of  the 
States,  called  upon  any  plan  of  representation  which  we  could 
reasonably  expect  would  be  adopted  ;  under  the  most  favorable 
circumstances  the  co-ordinate  power  held  by  us  in  the  Senate, 
would  be  merged  in  the  mass  of  the  popular  representation  of 


280 

the  larger  States.  For  a  redress  of  the  grievances,  therefore 
which  are  assigned  as  the  causes  for  the  call,  prudence  would 
seem  to  dictate  a  reliance  on  the  equity  and  patriotism  of  the 
National  Legislature,  and  more  especially  a  reliance  on  the  pro 
gressive  influence,  the  intelligence  and  virtue  of  the  people  of 
the  Union. 

In  accordance  with  these  suggestions,  your  Committee  would 
recommend  the  adoption  of  the  following  resolution  : 

Be  it  resolved  by  the  Legislature  of  the  State  of  Mississippi,  That 
this  State  does  not  conceive  it  expedient  to  concur  in  the 
resolution  of  the  State  of  Georgia,  "  making  application  to  the 
Congress  of  the  United  States  for  the  call  of  a  Convention  of  the 
people  to  amend  the  Federal  Constitution  in  the  particulars 
therein  enumerated,  and  in  such  others  as  the  people  of  the 
other  States  may  deem  needful  of  amendment." 

Be  it  further  resolved,  That  His  Excellency  the  Governor  be  re 
quested  to  transmit  a  copy  of  this  Resolution  to  the  Executive 
of  the  State  of  Georgia,  and  of  each  of  the  other  States  of  the 
Union. 

DAVID  PEMBLE, 

Speaker  of  the  House  of  Representatives. 

CHARLES  LYNCH, 

President  of  the  Senate. 


KT  The  following  Documents  were  received  at  too  late 
period,  to  be  inserted  in  their  proper  places. 


37 


RESOLVES 


LEGISLATURE 


CONNECTICUT. 


RESOLVES. 

\ 


At  a  General  Assembly  of  the  State  of  Connecticut,  holden  at  Hart 
ford,  in  said  State,  on  the  first  Wednesday  of  May,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-three. 

Upon  the  Report  of  the  Joint  Committee,  to  whom  had  been 
referred  so  much  of  the  Message  of  His  Excellency  the  Govern 
or,  as  relates  to  the  several  communications  from  the  Executive 
Departments  of  the  States  of  Maine,  New  Hampshire,  Massachu 
setts,  New  York,  New  Jersey,  Pennsylvania,  Delaware,  Virginia, 
South  Carolina,  North  Carolina,  Georgia,  Ohio,  Indiana,  Illinois, 
and  Mississippi,  on  the  subject  of  the  Tariff  Laws,  Internal  Im 
provements,  and  Amendments  of  the  Constitution  of  the  United 
States  : 

Resolved  by  this  Assembly,  That  the  Congress  of  the  United 
States  are  authorized  by  the  Constitution,  to  pass  acts  for  the 
levying  and  collecting  of  duties  on  imposts,  and  thereby  to  raise 
a  revenue  sufficient  for  all  the  exigencies  of  the  Government; 
that  in  forming  a  Tariff  of  such  duties,  it  is  just  and  constitutional 
that  the  interests  of  our  own  manufactures  should  be  regarded, 
and  due  encouragement  and  protection  thereby  given  to  them  ; 
that  such  acts,  when  approved  by  the  President,  are  binding  on 
all  the  States,  and  on  all  the  people  of  every  State,  and  that  no 
State  has  power  to  nullify,  or  the  right  to  resist  the  execution 
of  the  same. 

Resolved,  That  it  is  the  imperious  duty  of  the  President  of  the 
United  States,  to  see  that  such  laws  are  carried  into  execution ; 
and  that  in  the  constitutional  discharge  of  this  duty,  he  is  en 
titled  to  and  ought  to  receive  the  aid  and  support  of  every  citi 
zen  of  the  Union. 

Resolved,  That  this  Assembly  do  most  fully  approve  the  essen- 


286 

tial  principles  and  the  determination  avowed  by  the  President, 
in  his  Proclamation  of  the  10th  of  December,  1832,  and  in  his 
subsequent  Message  to  Congress  ;  and  that  this  Assembly,  and 
the  people  of  this  State,  will  cordially  and  faithfully  co-operate 
with  him  in  carrying  the  same  into  effect. 

Resolved,  That  the  members  of  this  Assembly  cherish  a  sin 
cere  regard  and  affection  for  the  citizens  of  the  State  of  South 
Carolina,  as  well  as  for  all  their  brethren  of  this  great  confed 
erated  family  ;  and  that  they  shall  ever  remember  with  gratitude 
and  pride  the  many  and  brilliant  services  rendered  by  that  dis 
tinguished  State,  in  the  struggle  for  independence. 

Resolved,  That  much  would  be  hazarded,  and  nothing  valu 
able  could  be  gained,  by  an  attempt,  at  the  present  time,  and  in 
the  present  state  of  the  Union,  to  amend  the  Constitution  of  the 
United  States ;  and,  therefore,  this  Assembly  do  not  concur  in 
the  proposition  of  the  State  of  Georgia,  inviting  a  Convention  of 
the  people  for  that  purpose. 

Resolved,  That  the  Secretary  of  this  State  cause  thirty  copies 
of  the  foregoing  Resolutions  to  be  printed  ;  and  that  His  Excel 
lency  the  Governor  of  this  State  be  requested  to  transmit  one 
copy  thereof  to  the  President  of  the  United  States,  and  a  similar 
copy  thereof  to  the  Governor  of  each  State  and  Territory  of  the 
Union. 

A  true  copy  of  record, 

Examined  and  certified  by 

THOMAS  DAY,  Secretary. 


RESOLVES 


OF   THE 


LEGISLATURE 


OF 


MARYLAND. 


RESOLVES. 


BY  THE  HOUSE  OF  DELEGATES,  Feb.  9,  1S33. 

The  Joint  Committee,  to  whom  was  referred  the  Ordinance  and 
other  Documents,  transmitted  us  by  the  Governor  of  South 
Carolina,  and  that  part  of  our  late  Governor's  Message,  relat 
ing  thereto,  have  given  the  subject  that  attention  which  its 
serious  import  demands,  and  report  the  following  : 

Resolved  by  the  General  Assembly  of  Maryland,  That  in  express 
ing  our  opinion  upon  the  Ordinance  of  Nullification,  and  the  re 
cent  proceedings  of  South  Carolina,  it  is  our  duty  to  declare  our 
opinions  firmly  on  the  principles  assailed,  and  to  expostulate 
mildly  and  affectionately  with  her. 

Resolved,  That  we  hold  these  principles  to  be  incontroverti 
ble,  that  the  Government  of  the  United  States  was  adopted  by 
the  people  of  the  different  States,  and  established  "  in  order  to 
form  a  more  perfect  union,  establish  justice,  ensure  domestic 
tranquillity,  provide  for  the  common  defence,  promote  the  gen 
eral  welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and 
our  posterity  ;"  that  it  possesses  all  the  powers  necessary  for  the 
purposes  for  which  it  was  instituted  ;  that  it  is  irreconcileable  with 
the  objects  and  purposes  for  which  the  Constitution  was  adopt 
ed,  to  suppose  that  it  contains  in  itself  the  principles  of  its  own 
destruction,  or  has  failed  to  endue  the  Government,  created  by 
it,  with  the  essential  power  of  self-preservation. 

That  it  is  not  in  the  power  of  any  one  State  to  annul  an  act  of 
the  General  Government,  as  void  or  unconstitutional. 

That  the  power  of  deciding  controversies  among  the  different 
States,  or  between  the  General  Government  and  a  State,  is 
reposed  in  the  Federal  Judiciary,  and  that  it  is  an  act  of  usurpa- 
38 


290 

tion  for  any  State  to  arrogate  to  herself  jurisdiction  in  such 
cases. 

That  the  Supreme  Court  is  the  only  tribunal,  having  conclu 
sive  jurisdiction  in  cases  involving  the  constitutionality  of  the 
acts  of  the  General  Government. 

That  whenever  a  State  is  aggrieved  by  the  Constitutional  acts 
of  the  General  Government,  the  fifth  article  of  the  Constitution 
prescribes  the  remedy,  declaring  that  "  the  Congress,  whenever 
two-thirds  of  both  Houses  shall  deem  it  necessary,  shall  propose 
amendments  to  this  Constitution,  or  on  the  application  of  the 
Legislatures  of  two-thirds  of  the  several  States,  shall  call  a  Con 
vention  for  proposing  amendments,  which,  in  either  case,  shall 
be  valid  to  all  intents  and  purposes,  as  part  of  this  Constitution, 
when  ratified  by  the  Legislatures  of  three-fourths  of  the  several 
States,  or  by  Conventions,  in  three-fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by  Congress." 

That  the  right  to  annul  a  law  of  the  General  Government,  as 
sumed  by  one  State,  is  "  incompatible  with  the  existence  of  the 
Union,  contradicted  expressly  by  the  letter  of  the  Constitution, 
unauthorized  by  its  spirit,  inconsistent  with  every  principle  on 
which  it  was  founded,  and  destructive  of  the  great  object  for 
which  it  was  formed." 

That  our  fellow  citizens  of  South  Carolina,  who  remain  faith 
ful  to  the  Constitution  and  laws  of  the  United  States,  are  enti 
tled  to  the  protection  of  the  General  Government,  both  for  their 
property  and  their  persons. 

That  if  any  State,  regardless  of  the  constitutional  remedies 
which  are  afforded  for  every  grievance  and  oppression,  should 
attempt  to  withdraw  from  the  Union,  it  is  the  right  and  duty  of 
the  General  Government,  to  protect  itself,  and  the  other  States, 
from  the  fatal  consequences  of  any  such  attempt. 

Further  Resolved,  That  the  Ordinance  of  Nullification  of 
South  Carolina,  is  calculated  to  mislead  her  citizens  from  the 
true  character  of  the  Federal  Government,  and  the  just  alle 
giance,  which  they  owe  to  that  Government. 

Resolved,  That  this  State  is  ardently  attached  to  the  Union — 
that  it  does  not  desire  any  additional  powers  to  be  conferred  on 
the  General  Government,  but  wishes  every  delegated  power  to 
be  exerted  that  has  a  tendency  to  strengthen  the  bonds  that 


291 

unite  us,  and  to  fortify  the  hope  that  the  Union  will  be  per 
petual. 

Resolved,  That  this  State  does  not  recognize  the  power  in  any 
State,  to  nullify  a  law  of  Congress,  nor  to  secede  from  the  Un 
ion,  and  that  it  will  sustain  the  General  Government  in  the  ex 
ercise  of  every  constitutional  means  to  preserve  unimpaired  the 
integrity  of  the  United  States. 

Resolved,  That  our  mutual  interests  and  general  welfare  impel 
us  to  guard  with  care,  the  integrity  of  the  Constitution,  and  to 
appeal  in  the  most  solemn  and  affectionate  manner  to  the  other 
States,  and  particularly  to  South  Carolina,  to  reciprocate  with 
this  State,  its  well  founded  attachment  to  the  Union,  and  to  op 
pose,  with  becoming  firmness,  every  infraction  of  those  great 
and  fundamental  principles  of  the  Constitution,  which  form  the 
only  basis  on  which  our  happy  institutions  can  with  safety  re 
pose. 

Resolved,  That  we  deeply  deplore  the  excitement  which  has 
prompted  our  sister  State  of  South  Carolina  to  the  attitude  of 
defiance,  which  she  now  exhibits  ;  that  however  extravagant  her 
irritation  may  be  deemed,  or  impatient  her  proceedings,  we  will 
not  renounce  the  hope  that  a  calmer  feeling  will  yet  enable  her 
to  see  the  dreadful  consequences  of  repelling  the  laws  of  the 
Union.  That,  conspicuous  and  persevering  as  her  valor  was  in 
achieving  the  great  results  which  gave  birth  to  our  Union,  she 
will  yet  remember  the  glory  of  her  early  toils,  and  will  offer  up, 
in  the  sanctuary  of  the  Union,  her  Ordinance  and  her  conse 
quent  laws,  a  patriotic  sacrifice  to  the  cause  of  American  liberty 
and  union. 

Resolved,  That  the  Tariff  Laws  of  1828,  and  of  1832,  are 
within  the  Legitimate  exercise  of  the  constitutional  powers  of 
Congress,  but  we  will  acquiesce  with  pleasure,  in  any  modifica 
tion  of  those  laws,  which  the  wisdom  of  Congress  may  devise 
for  allaying  the  excitement  on  that  subject,  in  the  Southern  por 
tion  of  our  country,  which  shall  reduce  the  amount  of  revenue 
to  the  necessary  expenditures  of  the  Government,  and  at  the 
same  time  sufficiently  guard  those  great  interests  which  have 
grown  up  under  the  system  of  protection. 

Resolved,  That  the  following  words  from  Washington's  Fare 
well  Address,  should  at  all  times,  but  particularly  at  the  present 


292 

alarming  crisis,  be  impressed  upon  the  heart  of  every  American  : 
"  The  unity  of  Government,  which  constitutes  you  one  people, 
is  also  now  dear  to  you,  it  is  justly  so,  for  it  is  a  main  pillar  of 
the  edifice  of  your  real  independence  ;  the  support  of  your 
tranquillity  at  home,  your  peace  abroad  ;  of  your  safety,  of  your 
prosperity,  of  that  very  liberty  which  you  so  highly  prize." 

"  It  is  of  infinite  moment  that  you  should  properly  estimate 
the  immense  value  of  your  National  Union  to  your  collective 
and  individual  happiness,  that  you  should  cherish  a  cordial,  ha 
bitual  and  immoveable  attachment  to  it ;  accustoming  yourselves 
to  think  and  speak  of  it  as  the  palladium  of  your  political  safety 
and  prosperity,  watching  for  its  preservation  with  jealous  anx 
iety,  discountenancing  whatever  may  suggest  even  a  suspicion 
that  it  can,  in  any  event  be  abandoned,  and  indignantly  frown 
ing  upon  the  first  dawning  of  every  attempt  to  alienate  any  por 
tion  of  our  country  from  the  rest,  or  to  enfeeble  the  sacred  ties 
which  now  link  together  the  various  parts." 

Resolved,  That  the  Governor  be  requested  to  transmit  a  copy 
of  the  above  Resolutions  to  the  President  of  the  United  States, 
to  the  Executives  of  the  several  States,  and  to  each  of  our  Sen 
ators  and  Representatives  in  Congress. 

By  order, 

G.  G.  BREWER,   Clerk. 

BY  THE  SENATE,  Feb.  26,  1833. 
Read  and  assented  to. 

JOS.  H.  NICHOLSON,  Clerk. 


JOURNAL 


OF    THE 


CONVENTION 


THE  PEOPLE 


OF 


SOUTH  CAROLINA, 


WHICH 


ASSEMBLED  AT  COLUMBIA,  ON  THE  19TH  NOVEMBER,  1832, 
AND  AGAIN  ON  THE  11TH  MARCH,  1833. 


JOURNAL 


MONDAY,  November  19,  1832. 

PURSUANT  to  an  Act  of  the  Legislature  of  the  State  of  South 
Carolina,  entitled  "  An  Act  to  provide  for  the  calling  of  a  Con 
vention  of  the  People  of  this  State,"  passed  on  the  26th  of  Oc 
tober,  1832,  the  Delegates  of  the  several  Election  Districts  of 
this  State,  assembled  in  the  Hall  of  Representatives,  in  the 
Town  of  Columbia,  on  this  day  at  twelve  o'clock. 

On  motion  of  Gen.  J.  B.  EARLE,  the  Hon.  STEPHEN  D.  MIL 
LER,  of  Claremont,  was  called  to  the  Chair,  and  Mr.  A.  BURT,  of 
Abbeville,  appointed  Secretary. 

The  credentials  of  the  following  individuals  were  then  ex 
hibited,  and  their  names  enrolled  as  Members  of  the  Conven 
tion. 

From  Greenville. 
B.  F.  Perry,  Thomas  P.  Brockman,  Silas  R.  Whitten. 

From  Spartenburg. 
John  S.  Rowland,  J.  S.  Richardson,  J.  B.  O'Neal,  James  Crook. 

From  Laurens. 

Archibald  Young,  William  Arnold,  John  S.  James,  A.  Fuller, 

Robert  Long. 

From  Mbeville. 

George  M'Duffie,  John  Lipscomb,  John  Logan,  A.  Bowie,  Sam 
uel  L.  Watt,  A.  Burt. 

From  York. 

Benjamin  Chambers,  I.  A.  Campbell,  James  A.  Black,  James 
Moore,  John  L.  Miller. 


296 

From  Maryborough. 
Benjamin  Rogers,  Nicholas  Ware. 

From  Union. 

J.  S.  Sims,  Thomas  Ray,  A.  Lancaster,  John  Littlejohn,  George 
0      Douglas. 

From  Kershaw. 
Everard  Cureton,  Chapman  Levy,  John  Chesnut,  C.  J.  Shannon. 

From  Chesterfield. 
P.  Phillips,  James  R.  Ervin,  Alfred  M.  Lowry. 

From  Darlington. 
William  H.  Cannon,  S.  B.  Wilkins,  Robert  Ervin. 

From  Marion. 
A.  L.  Gregg,  Thomas  Harllee,  William  Evans. 

From  Williamsburg. 
T.  D.  Singleton,  Sen.,  William  Waties,  P.  G.  Gourdin. 

From   Clarendon. 
John  P.  Richardson,  Richard  J.  Manning,  N.  R.  Burgess. 

From  Claremont. 

Stephen  D.  Miller,  John  B.  Miller,  James  G.  Spann,  Stephen 

Lacoste. 

From  All  Saints. 
Peter  Vaught. 

From  Prince  George,  Winyaw. 
Philip  Tidyman,  Allard  H.  Belin. 

From  Saint  Peter's. 
J.  Hamilton,  Jr.,  A.  J.  Lawton,  John  S.  Maner. 

From  Saint  Luke's. 
A.  Huguenin,  T.  E.  Screven,  James  Mongin  Smith. 


297 

From  Saint  Helena. 
R.  W.  Barnwell,  Charles  G.  Capers. 

From  Saint  James,  Goose  Creek. 
Isaac  Bradwell,  Jr.,  G.  H.  Smith. 

From  Saint  Thomas  and  Saint  Dennis. 
Francis  D.  Quash,  John  L.  Nowell. 

From  Saint  John's,  Berkley. 
Peter  Gailliard,  Jr.,  William  Porcher. 

From  Saint  John's,  Cotteton. 
William  M.  Murray. 

From  Chester. 

R.  G.  Mills,  John  Douglas,  Thomas  B.  Woodward,  Thomas  G. 
Blewett,  William  Stringfellow. 

From  Fairfield. 

William  Harper,  D.  H.  Means,  Edward  G.  Palmer,  John  B. 
McCall,  William  Smith. 

From  Richland. 

Pierce  M.  Butler,  William  C.  Clifton,  Sterling  C.  Williamson, 
Sen.,  James  Adams,  John  G.  Brown. 

From  Saint  Philip's  and  Saint  Michael's. 

James  Hamilton  Sen.,  Richard  B.  Baker,  Sen.,  Robert  J. 
Turnbull,  S.  L.  Simons,  John  Magrath,  Charles  Parker,  Barnard 
E.  Bee,  Elias  Vanderhorst,  Peter  J.  Shand,  Nathaniel  Heyward, 
Robert  Y.  Hayne,  C.  J.  Colcock,  John  Ball,  John  L.  Wilson, 
James  Lynah,  C.  C.  Pinckney,  Philip  Cohen. 

From  Christ  Church. 
Jacob  Bond  POn,  James  Anderson. 

From  Saint  James\  Santee. 

Samuel  Cordes. 
39 


298 

From  Saint  Stephen's. 
W.  Dubose,  Theodore  L.  Gourdin. 

From  Saint  Matthew's. 
R.  P.  McCord,  T.  J.  Goodwyn. 

From  Saint  Andrew's. 
Benjamin  Adams,  John  Rivers. 

From  Saint  Paul's. 
F.  Y.  Legare,  Thomas  W.  Boone. 

From  Saint  Bartholomew's. 
W.  C.  Pinckney,  F.  H.  Elmore,  Isham  Walker. 

From  Prince  William's. 
Wm.  Williams,  Thomas  H.  Colcock,  J.  B.  Ulmer. 

From  Orange. 
Edmund  J.  Felder,  Donald  Rowe. 

From  Barnwell. 
Jennings  O'Bannon,  Stephen  Smith,  L.  M.  Ayer,  J.  G.  Brown. 

From  Lexington. 
West  Caughman,  Jacob  H.  King,  Edwin  J.  Scott. 

From  Edgefield. 

James  Spann,  John  Key,  John  Bauskett,  Abner  Whatley,  John 
S.  Jeter,  R.  G.  Mays,  F.  H.  Wardlaw. 

From  Pcndleton. 

R.  Anderson,  Thomas  Harrison,  J.  B.  Earle,  Thomas  Pinck 
ney,  J.  T.  Whitefield,  Francis  Burt,  Jr.,  F.  W.  Symmes,  Bailey 
Barton. 

From  Newberry. 

Job  Johnston,  George  W.  Glenn,  John  Counts,  John  K.  Griffin, 

John  Hatton. 

From  Lancaster. 
Samuel  R.  Gibson. 


299 

On  motion  of  Judge  Harper,  the  Convention  now  proceeded 
to  the  election  of  a  President.  Colonels  Pinckney,  of  Pendle- 
ton,  and  Butler,  of  Richland,  and  Mr.  Black,  of  York,  having 
been  appointed  a  Committee  to  count  the  votes,  reported  that 
His  Excellency  James  Hamilton,  Jr.,  Governor  and  Commander 
in  Chief  in  and  over  the  State,  has  been  duly  elected  President 
of  the  Convention. 

On  motion  of  Judge  Harper,  a  Committee  was  appointed  to 
inform  Governor  Hamilton  of  his  election,  and  to  conduct  him 
to  the  chair.  The  Committee  consisted  of  the  Hon.  Robert  Y. 
Hayne,  the  Hon.  George  McDuffie,  arid  the  Hon.  R.  W.  Barn- 
well.  The  President,  in  a  short  address,  returned  his  grateful 
acknowledgments  for  the  honor  conferred,  and  entered  upon  the 
duties  of  his  station. 

Col.  Butler  now  moved  that  the  Convention  should  go  into 
the  election  of  a  Clerk,  which  being  agreed  to,  Judge  Colcock 
nominated  Mr.  Isaac  W.  Hayne.  Messrs.  Elmore,  Cohen,  and 
Barton,  were  appointed  a  Committee  to  count  the  votes. 

While  the  Committee  had  retired,  Judge  Harper  moved  that 
the  Messenger  and  Door  Keeper  of  the  House  of  Representatives, 
should  be  appointed  Messenger  and  Door  Keeper  of  the  Con 
vention,  which  was  agreed  to  ;  and  on  motion  of  the  Hon.  John 
L.  Wilson,  Mr.  A.  S.  Johnston  was  appointed  Printer. 

Col.  Elmore,  on  the  part  of  the  Committee  appointed  to 
count  the  votes  for  Clerk,  now  reported  Isaac  W.  Hayne,  Esq., 
duly  elected  Clerk  of  the  Convention. 

On  motion  of  Col.  I'On,  a  Committee  was  appointed  to  draft 
and  report  rules  for  the  regulation  of  the  Convention  during  its 
further  session.  The  Committee  consisted  of  Col.  I'On,  Col. 
Thomas  Pinckney,  and  the  Hon.  J.  B.  O'Neal. 

On  motion  of  Judge  Colcock,  it  was  ordered  that  Clergymen 

should  be  invited  to  open  the  proceedings  of  each  day  with 
prayer. 

Judge  Colcock,  then  introduced  the  following  Resolution  : 
"  Resolved,  That  the  Act  '  to  provide  for  the  calling  of  a  Con 
vention  of  the  People  of  this  State,'  be  referred  to  a  Select  Com 
mittee,  to  consist  of  twenty-one  members,  and  to  be  nominated 
by  the  President,  with  instructions  to  consider  and  report  there 
on,  and  especially  as  to  the  measures  proper  to  be  adopted  by 


300 

this  Convention,  in  reference  to  '  the  violations  of  the  Constitu 
tion  of  the  United  States,  in  the  enactment  by  Congress,  on  di 
vers  occasions,  of  laws  laying  duties  and  imposts  for  the  purpose 
of  encouraging  and  protecting  domestic  manufactures,  and  for 
other  unwarrantable  purposes.'  " 

This  Resolution  having  been  considered  and  adopted,  Gen. 
Hayne  moved  that  the  Convention  stand  adjourned  until  10 
o'clock  to-morrow,  in  order  that  time  might  be  allowed  the  Pre 
sident  for  the  selection  of  the  Committee,  which  being  agreed 
to,  the  Convention  adjourned  accordingly. 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention. 


TUESDAY,  November  20,  1832. 

The  Convention  met  according  to  adjournment.  After  a  pray 
er  from  the  Rev.  Mr.  Ray,  the  Journal  of  the  proceedings  of  the 
day  previous  was  read.  The  following  gentlemen  then  appeared 
and  enrolled  their  names  as  members  of  the  Convention  :  Henry 
Middleton,  from  Greenville,  Minor  Clinton,  from  Lancaster,  M. 
Jacobs,  from  St.  Helena. 

Col.  I'On,  on  the  part  of  the  Committee  to  draft  Rules  for  the 
regulation  of  the  Convention,  then  made  the  following  Report, 
to  wit : 

RULES  FOR  THE  CONVENTION. 

The  Committee  appointed  to  draft  Rules  for  the  government  of 
the  Convention  in  its  deliberations,  beg  leave  to  submit  the 
following  : 

1.  The  President  and  one  hundred  and  twelve  members  shall 
be  a  quorum  to  transact  business. 

2.  If  any  member  shall  break  the  Convention,  or  absent  him 
self  without  leave,  he  shall  be  sent  for  at  his  own  expense,  and 
be  subject  to  the  censure  of  the  Convention. 


301 

3.  No  member  shall  speak  more  than  twice  to  the  same  point^ 
without  leave  of  the  Convention. 

4.  Each  member,  when  speaking,  shall  address  himself  to  the 
chair,  standing,  and  uncovered,  at  his  place. 

5.  If  two  members  rise  to  speak  nearly  at  the  same  time,  the 
President  shall  decide  which  was  first  up. 

6.  Every  member,  when  speaking,  shall  adhere  to  the  point 
before  the  Convention,  and  shall  not  be  interrupted  unless  he 
departs  from  it,  when  he  may  be  called  to  order. 

7.  When  a  question  of  order  arises,  it  shall  be  determined  by 
the  President  in  the  first  instance,  but  any  member  may  appeal 
from  his  determination,  to  the  Convention. 

8.  When  a  motion  is  made  and  seconded,  it  shall,  if  required 
by  a  member,  be  reduced  to  writing,  and  delivered  in  at  the 
table. 

9.  When  a  question  is  put  by  the  President,  and  the  Conven 
tion  divides,  the  Clerk  shall,  at  the  request  of  any  seven  members 
present,  take  down  and  enter  on  the  Journals,  the  names  of  all 
those  members  who  vote  for  and  against  the  question,  and  have 
them  published  and  printed  in  any  Gazette  of  the  State. 

10.  When  the  President  desires  to  be  heard,  the   members 
shall  take  their  seats,  and  keep  order  whilst  he  is  speaking. 

11.  When  a  motion  is  made  for  adjournment,  and  seconded, 
no  question  shall  be  debated  until  the  Convention  have  decided 
on  that  motion. 

J.  B.  PON, 

Chairman  of  the  Committee. 


The  Report  having  been  adopted,  Col.  FOn  moved  that  two 
hundred  and  fifty  copies  should  be  printed  for  the  use  of  the 
members,  which  was  agreed  to. 

Joseph  L.  Stephens  and  Alfred  Huger  appeared,  and  enrolled 
their  names  as  Delegates  from  St.  John's,  Colleton,  and  Spar- 
tanburg. 

The  President,  under  the  Resolution  of  the  day  previous,  now 
appointed  the  following  gentlemen  to  constitute  the  Select 
Committee  of  twenty-one,  to  consider  and  report  upon  the  Act 


302 

of  the  Legislature,  entitled  "  An  Act  to  provide  for  the  calling 
of  a  Convention  of  the  People  of  this  State,"  to  wit : 

Hon.  Charles  J.  Colcock, 

Gen.  J.  B.  Earle,  Hon.  Robert  Y.  Hayne, 
Hon.  J.  B.  O'Neal,  Hon.  S.  D.  Miller, 

Col.  W.  C.  Pinckney,  Hon.  Geo.  McDuffie, 

Chancellor  Johnston,  R.  J.  Turnbull,  Esq., 

Hon.  J.  K.  Griffin,  Hon.  R.  W.  Barnwell, 

Benjamin  Rogers,  Esq.,  J.  R.  Ervin,  Esq., 

Col.  J.  Bond  I'On,  Col.  P.  M.  Butler, 

T.  D.  Singleton,  Esq.,  Col.  John  Bauskett, 

James  A.  Black,  Esq.,  Hon.  R.  J.  Manning, 

Hon.  William  Harper,  Hon.  Henry  Middleton. 

J.  A.  Keith,  of  Prince  George,  Winyaw,  appeared,  and  enroll 
ed  his  name. 

On  motion  of  Judge  Colcock.  the  Convention  then  adjourned 
until  one  o'clock  to-morrow. 

ISAAC  W.  HAYNE, 

Cleric  of  the  Convention. 


WEDNESDAY,  November  21,  1832. 

The  Convention  met  according  to  adjournment,  and  the  pro 
ceedings  were  opened  with  a  prayer  from  the  Rev.  Mr.  Ray. 

The  roll  being  called,  the  following  gentlemen  answered  to 
their  names,  viz  : — B.  Adams,  James  Adams,  Ayer,  J.  Anderson, 
Robert  Anderson,  Arnold,  Baker,  Ball,  Bee,  Boone,  Barnwell, 
Bradwell,  Blewett,  Butler,  J.  G.  Brown,  Richlcmd,  J.  G.  Brown, 
Barnwell,  Bauskett,  A.  Burt,  Francis  Burt,  Jr.,  Barton,  Brockman, 
Bowie,  Burgess,  Belin,  Cohen,  Cordes,  Thomas  H.  Colcock, 
Capers,  Clifton,  Caughman,  Counts,  Crooke,  Chambers,  Camp 
bell,  Cureton,  Chesnut,  Cannon,  Clinton,  Dubose,  Dawson,  John 
Douglas,  George  Douglas,  Elmore,  Earle,  James  R.  Ervin,  Rob 
ert  Ervin,  William  Evans,  Felder,  Fuller,  T.  L.  Gourdin,  P.  G. 


303 

Gourdin,  Goodwyn,  Gailliard,  Griffin,  Glenn,  Gibson,  J.  Hamil 
ton,  Sen.,  Heyward,  Harper,  Hatton,  Harllee,  Huguenin,  Alfred 
Huger,  1'On,  Jeter,  Johnston,  James,  Jacobs,  Keith,  Key,  Levy, 
Lowry,  Lacoste,  Lynah,  Legare,  Lawton,  Long,  Lipscomb,  Lo 
gan,  Littlejohn,  Lancaster,  Magrath,  Manning,  Maner,  Murray, 
Mills,  Means,  Moore,  John  L.  Miller,  Stephen  D.  Miller,  John 
B.  Miller,  McCord,  Middleton,  Nowell,  O'Neale,  O'Bannon,  P. 
Phillips,  Parker,  Porcher,  Palmer,  Perry,  C.  C.  Pinckney, 
Thomas  Pinckney,  Quash,  John  P.  Richardson,  Rivers,  Rowe, 
Rowland,  Rogers,  Ray,  James  G.  Spann,  James  Spann,  Simons, 
Shand,  James  M.  Smith,  G.  H.  Smith,  William  Smith,  Stephen 
Smith,  Stringfellow,  Scott,  Symmes,  Sims,  Shannon,  Singleton, 
Stevens,  Screven,  Turnbull,  Tyler,  Tidyman,  Ulmer,  Vaught, 
Vanderhorst,  Wilson,  Walker,  Williams,  Woodward,  Williamson, 
Wardlaw,  Whatley,  Whitefield,  Whitten,  Watt,  Waties,  Wilkins, 
Ware,  Warren,  Young. 

The  Journal  of  the  day  previous  having  been  read,  this  was 
announced  by  the  President  as  the  proper  time  for  presenting 
Reports  from  Committees. 

Gen.  J.  B.  Earle,  of  the  Select  Committee,  to  which  was  re 
ferred  the  consideration  of  the  Act  of  the  Legislature,  providing 
for  the  call  of  a  Convention,  in  the  absence  of  the  Chairman, 
stated,  on  the  part  of  the  Committee,  that  they  had  not  found  it 
practicable  to  prepare  a  Report  for  to-day,  and  moved  that  fur 
ther  time  should  be  allowed  them ;  which  was  agreed  to. 

Mr.  A.  M.  Lowry,  from  Chesterfield,  then  introduced  the  fol 
lowing  Resolution,  viz : 

"  Resolved,  That  the  tenth  section  of  the  first  article  of  the 
Constitution  of  this  State,  be  altered  and  made  to  read  as  fol 
lows  : 

"  Senators  and  Members  of  the  House  of  Representatives, 
shall  be  chosen  on  the  second  Monday  in  October  next,  and  on 
the  same  days  in  every  year  thereafter,  in  such  manner,  and  at 
such  time  as  are  herein  directed.  And  shall  meet  on  the  fourth 
Monday  in  November,  annually,  at  Columbia,  (which  shall  re 
main  the  seat  of  Government  until  otherwise  determined  by  the 
concurrence  of  two-thirds  of  both  branches  of  the  whole  Repre 
sentation,)  unless  the  casualties  of  war,  or  contagious  disorders 
should  render  it  unsafe  to  meet  there  ;  in  either  of  which  cases, 


304 

the  Governor  or  Commander  in  Chief  for  the  time  being,  may, 
by  Proclamation,  appoint  a  more  secure  and  convenient  place 
of  meeting." 

The  question  of  consideration  being  put  by  the  President,  the 
Convention  refused  to  consider  this  Resolution. 

Benjamin  A.  Markley,  from  St.  Philip's  and  St.  Michael's,  and 
J,  Walter  Philips,  from  All  Saints,  appeared  and  enrolled  their 
names  as  members  of  the  Convention.  The  Convention  then 
adjourned  until  to-morrow  at  one  o'clock. 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention. 


THURSDAY,  November,  22,  1832. 

The  Convention  met  according  to  adjournment,  and  the  pro 
ceedings  were  opened  with  a  prayer  by  the  Rev.  Mr.  Ware. 

The  roll  being  called,  the  following  gentlemen  answered  to 
their  names,  viz  : — B.  Adams,  James  Adams,  Ayer,  J.  Anderson, 
Robert  Anderson,  Arnold,  Baker,  Ball,  Bee,  Boone,  Barnwell, 
Bradwell,  Blewett,  Butler,  J.  G.  Brown,  Richland,  J.  G.  Brown, 
Barnwell)  Bauskett,  A.  Burt,  Francis  Burt,  Barton,  Brockman, 
Bowie,  Black,  Burgess,  Belin,  Cohen,  Cordes,  Thomas  H.  Col- 
cock,  C.  J.  Colcock,  Capers,  Clifton,  Caughman,  Counts, 
Crooke,  Chambers,  Campbell,  Cureton,  Chesnut,  Cannon,  Clin 
ton,  Dubose,  Dawson,  John  Douglas,  Geo.  Douglas,  Elmore, 
Earle,  James  R.  Ervin,  Robert  Ervin,  Wm.  Evans,  Felder,  Ful 
ler,  T.  L.  Gourdin,  P.  G.  Gourdin,  Goodwyn,  Gailliard,  Griffin, 
Glenn,  Gibson,  Gregg,  James  Hamilton,  Sen.,  Hayne,  Heyward, 
Harper,  Harrison,  Hatton,  Harllee,  Huguenin,  Alfred  Huger, 
I'On,  Jeter,  Johnston,  James,  Jacobs,  Keith,  Key,  King,  Levy, 
Lowry,  Lacoste,  Legare,  Lawton,  Long,  Lipscomb,  Logan,  Lit- 
tlejohn,  Lancaster,  Magrath,  Markley,  Manning,  Marier,  Murray, 
Mills,  McCall,  Means,  Mays,  Moore,  J.  L.  Miller,  S.  D.  Miller, 
John  B.  Miller,  McCord,  Nowell,  O'Neale,  O'Bannon,  P.  Phil- 


305 

lips,  J.  W.  Phillips,  Parker,  Porcher,  Palmer,  Perry,  C.  C.  Pinck- 
ney,  W.  C.  Pinckney,  Thomas  Pinckney,  Quash,  J.  P.  Richard 
son,  J.  S.  Richardson,  Rivers,  Rowe,  Rowland,  Rogers,  Ray,  J. 
G.  Spann,  James  Spann,  Simons,  Shand,  J.  M.  Smith,  G.  H. 
Smith,  Wm.  Smith,  Stephen  Smith,  Stringfellow,  Scott,  Symmes, 
Sims,  Shannon,  Singleton,  Stevens,  Screven,  Turnbull,  Tyler, 
Tidyman,  Ulmer,  Vaught,  Vanderhorst,  Wilson,  Walker,  Wil 
liams,  Woodward,  Whitefield,  Whitten,  Watt,  Waties,  Wilkins, 
Ware,  Whatley,  Young. 

The  Journal  of  the  day  previous  having  been  read,  Samuel 
Warren,  from  St.  James,  Santee,  and  D.  E.  Huger,  from  King 
ston,  appeared  and  enrolled  their  names  as  members  of  the  Con 
vention. 

Judge  Colcock,  from  the  Select  Committee  of  twenty-one,  in 
formed  the  Convention  that  the  Committee  was  ready  to  report, 
and  moved  that  the  reading  of  the  Report  should  be  dispensed 
with,  and  that  it  should  lie  on  the  table,  and  be  ordered  to  be 
printed.  Judge  O'Neal  moved  to  amend  this  motion,  so  as  to 
make  this  Report  the  order  of  the  day  for  Saturday.  To  this 
Judge  Colcock  objected,  and  obtained  leave  to  withdraw  his 
motion,  upon  which  Judge  O'Neal  withdrew  his  amendment. 
Judge  Colcock  then  called  to  his  assistance  Gen.  Hayne,  one  of 
the  Committee,  by  whom  the  Report  was  read  to  the  Conven 
tion.  An  Ordinance,  accompanying  the  Report,  was  then  read 
by  the  Chairman. 

At  the  motion  of  Col.  Barnwell,  the  Report  and  Ordinance 
were  ordered  to  lie  on  the  table,  be  printed,  and  made  the  order 
of  the  day  for  to-morrow. 

Mr.  Wilson  moved  to  amend  this  motion,  by  specifying  the 
number  of  copies  to  be  printed,  and  proposed  five  thousand, 
which  Col.  Pinckney,  of  St.  Bartholomew's,  moved  to  amend,  by 
inserting  ten  thousand  instead  of  five  ;  but  on  the  suggestion  of 
Judge  Harper,  that  it  would  be  best  to  defer  the  printing  of  a 
larger  number  of  copies  than  were  needed  for  the  use  of  the 
Convention,  until  the  Report  should  be  finally  adopted,  the 
amendments  were  withdrawn. 

The  following  Resolution  was  then  introduced  by  the  Hon. 
Henry  Middleton,  a  Delegate  from  Greenville,  to  wit : 

;<  Whereas,  the  Sovereignty  of  the  State  of  South  Carolina,  re- 
40 


306 

sides  in  the  aggregate  body  of  freemen,  inhabiting  the  territory; 
and,  consequently,  all  just  legislation  can  be  alone  founded  upon 
the  collective  will  of  a  majority  of  that  body.  And,  whereas,  the 
supreme  will  of  this  body  of  freemen  can  only  be  collected 
either  by  an  actual  vote  of  the  majority  taken  in  primary  assem 
blies,  or  by  the  election  of  Delegates,  chosen  in  numbers,  pro 
portionate  to  the  number  of  free  white  men,  in  each  District 
and  Parish  of  the  State,  so  as  to  constitute  an  equal  and  ade 
quate  representation  of  the  people  thereof.  And,  whereas,  the 
Convention  now  actually  here  assembled,  under  the  recom 
mendation  of  the  Legislature,  is  apportioned  on  a  compound 
ratio  of  population  and  of  property,  which  may  be,  and  probably 
is,  an  equitable  apportionment  for  the  purposes  of  taxation  and 
municipal  regulations;  but  is  by  no  means  adequate  or  com 
petent,  to  the  exercise  of  the  highest  attributes  of  sovereignty, 
by  reason  of  the  want  of  a  full  and  equal  representation  of  the 
people,  a  defect  which  cannot  be  remedied  by  any  enactment 
of  the  Legislature.  And,  whereas,  any  act  amounting  to  an  ex 
ercise  of  sovereignty,  on  the  part  of  the  portion  of  the  people, 
here  convened  at  this  time,  might  be  considered  as  a  manifest 
and  palpable  usurpation  of  power,  possessed  alone  by  the  whole 
people  ;  therefore, 

"Resolved,  That  this  Convention,  deeming  itself  incompetent, 
for  the  reasons  above  assigned,  to  wield  the  sovereign  authority 
of  the  people  it  unequally  represents,  doth  remand  to  the 
Legislature,  the  high  matters  referred,  by  the  Act  of  the  25th 
October  last,  with  a  recommendation  to  the  said  Legislature, 
that  they  reconsider,  at  their  next  stated  meeting,  the  whole 
question  ;  and  if,  according  to  the  constitutional  provision,  two- 
thirds  of  both  branches  shall  agree  so  to  do,  then,  and  in  that 
case  to  recommit  the  said  subject  matter  to  a  Convention, 
wherein  the  representation  of  the  people  shall  be  full  and  com 
plete,  and  which  will  be  thereby  competent  to  determine  such 
questions  of  sovereign  right,  as  they  may  see  fit  to  consider  as 
affecting  the  interest  of  the  State  of  South  Carolina,  her  dignity 
and  honor." 

The  Hon.  George  M'Duffie  moved  the  question  of  considera 
tion.  Judge  Huger  requested  the  withdrawal  of  the  motion, 
that  the  Resolution  might  be  freely  discussed  j  but  the  question 


307 

being  insisted  on,  and  put  by  the  President,  the  Convention  re 
fused  to  consider  the  Resolution. 

Col.  Anderson,  of  Pendleton,  submitted  to  the  Convention  a 
Memorial  from  sundry  citizens  of  Pendleton  District,  praying 
that  the  Constitution  might  be  so  amended  as  to  make  two  Elec 
tion  Districts  of  the  two  Judicial  Districts  into  which  Pendleton 
is  divided.  The  question  of  consideration  being  moved  by 
Judge  Harper,  the  Convention  refused  to  consider  the  Memo 
rial. 

On  motion  of  Gen.  Hayne,  it  was  then  ordered  that  the  Se 
lect  Committee  of  twenty-one  have  leave  to  sit  again,  and  the 
Convention  adjourned  until  twelve  o'clock  to-morrow. 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention. 


FRIDAY,  November  23,  1832. 

The  Convention  met  according  to  adjournment;  and  after  a 
prayer  from  the  Rev.  Mr.  Goulding,  the  roll  was  called,  and  the 
following  gentlemen  answered  to  their  names,  viz  : — B.  Adarns, 
James  Adams,  Ayer,  James  Anderson,  R.  Anderson,  Arnold,  Ba 
ker,  Ball,  Bee,  Boone,  Bradwell,  Blewett,  Butler,  J.  G.  Brown, 
Richland,  J.  G.  Brown,  Barnwell,  Bauskett,  A.  Burt,  Francis 
Burt,  Jr.,  Barton,  Brockman,  Bowie,  Black,  Burgess,  Cohen, 
Cordes,  T.  H.  Colcock,  C.  J.  Colcock,  Capers,  Clifton,  Caugh- 
man,  Counts,  Crooke,  Chambers,  Campbell,  Cureton,  Chesnut, 
Cannon,  Clinton,  Dubose,  Dawson,  John  Douglas,  Geo.  Doug 
las,  Elmore,  Earle,  J.  R.  Ervin,  Robert  Ervin,  Wm.  Evans, 
Felder,  Fuller,  T.  L.  Gourdin,  P.  G.  Gourdin,  Goodwyn,  Gail- 
liard,  Griffin,  Glenn,  Gibson,  Gregg,  J.  Hamilton,  Sen.,  Hayne, 
Heyward,  Harper,  Harrison,  Hatton,  Harllee,  Huguenin,  Alfred 
Huger,  POn,  Jeter,  Johnston,  James,  Jacobs,  Keith,  Key,  King, 
Levy,  Lowry,  Lacoste,  Legare,  J^awton,  Long,  Lipscomb,  Lo 
gan,  Littlejohn,  Lancaster,  Magrath,  Manning,  Maner,  Murray, 
Mills,  McCall,  Means,  Mays,  Moore,  J.  L.  Miller,  S.  D.  Miller, 


308 

John  B.  Miller,  McCord,  Nowell,  O'Neale,  O'Bannon,  P.  Phil- 
lips,  J.  W.  Phillips,  Parker,  Porcher,  Palmer,  Perry,  C.  C. 
Pinckney,  Wm.  C.  Pinckney,  Thomas  Pinckney,  Quash,  J.  P. 
Richardson,  J.  S.  Richardson,  Rivers,  Rowe,  Rowland,  Rogers? 
Ray,  J.  G.  Spann,  James  Spann,  Simons,  Shand,  J.  M.  Smith, 
G.  H.  Smith,  Wm.  Smith,  Stephen  Smith,  Stringfellow,  Scott, 
Symmes,  Sims,  Shannon,  Singleton,  Stevens,  Screven,  Turnbull, 
Tyler,  Tidyman,  Ulmer,  Vanderhorst,  Wilson  Walker,  Williams, 
Woodward,  Williamson,  Wardlaw,  Whatley,  Whitten,  Watt, 
Waties,  Wilkins,  Ware,  Warren,  Young. 

The  Journal  of  the  previous  day  having  been  read,  the  Hon. 
R.  W.  Barnwell,  offered  the  following  Resolution,  which  was 
agreed  to,  viz  : 

11  Resolved ,  That  the  President  of  the  Senate,  and  Speaker  of 
the  House  of  Representatives,  be  invited  to  take  seats  upon  the 
floor  in  the  Chamber  in  which  the  Convention  is  now  assem 
bled." 

Judge  Colcock,  from  the  Committee  of  twenty-one,  made  a 
further  Report  to  the  Convention,  consisting  of  an  Address  to 
the  People  of  the  State,  which  having  been  read  by  Robert  J. 
Turnbull,  Esq.,  on  motion  of  Judge  Colcock,  it  was  ordered  to 
lie  on  the  table  and  to  be  printed. 

Mr.  Samuel  R.  Gibson,  a  Delegate  from  Lancaster,  presented 
a  Memorial  from  a  portion  of  the  citizens  of  that  District, 
praying  an  alteration  of  the  Constitution  as  to  the  basis  of  rep 
resentation  in  the  State  Legislature. 

Mr.  S.  D.  Miller  moved  that  the  Memorial  be  laid  on  the 
table. 

Mr.  McDuffie  moved  the  question  of  consideration. 
The  President  deciding  the  first  motion  to  be  first  in  order, 
the  question  was  taken,  and  the  Memorial  ordered  to  be  laid  on 
the  table. 

The  Hon.  J.  L.  Wilson  then  introduced  the  following  Reso 
lution,  viz  : 

"  Whereas,  the  Convention  of  the  People  of  the  State  of  South 
Carolina,  having  learned  with  deep  and  unfeigned  regret,  the 
death  of  Charles  Carroll,  of  Carrollton,  the  last  surviving  signer 
of  the  Declaration  of  Independence,  and  lately  the  only  living 


309 

link  that  connected  us  with  that  important  event — as  a  testimony 
of  respect  to  the  memory  of  the  deceased, 

"  Resolved,  That  the  members  of  this  Convention  wear  crape 
on  the  left  arm,  for  the  space  of  thirty  days." 

This  Resolution  having  been  adopted  by  the  unanimous  vote 
of  the  Convention,  it  was  ordered  to  be  so  entered  on  the  Jour 
nal  of  the  proceedings. 

The  Ordinance,  which  was  made  the  order  of  the  day,  was 
now  taken  up  for  consideration.  The  Ordinance  having  been 
read  by  the  Clerk,  Col.  Wilson  moved  that  it  should  be  read 
again,  clause  by  clause ;  but  at  the  suggestion  of  Judge  Col- 
cock,  that  further  time  for  consideration  was  desirable,  the  mo 
tion  was  withdrawn. 

Judge  Colcock  then  moved  that  the  consideration  of  the  Or 
dinance  should  be  made  the  order  of  the  day  for  to-morrow,  and 
that  the  Convention  should  stand  adjourned  until  11  o'clock  on 
that  day,  which  being  agreed  to,  the  Convention  adjourned  ac 
cordingly. 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention. 


SATURDAY,  November  24,  1832. 

The  Convention  met  according  to  adjournment,  and  the  pro 
ceedings  were  opened  with  a  prayer  by  the  Rev.  Mr.  Freeman. 

A  Parchment  Roll  was  then  exhibited,  on  which,  at  the  Pre 
sident's  request,  the  members  enrolled  their  names,  with  the 
respective  Election  Districts  which  had  delegated  them,  which 
was  ordered  to  be  deposited  with  the  Records  of  the  Conven 
tion.  The  following  gentlemen  were  found  to  be  present : 

From  Greenville. 

B.  F.  Perry,  Thomas  P.  Brockman,  Silas  R.  Whitten,  Henry 

Middleton. 


310 

From  Spartanburg. 

John  S.  Rowland,  J.  S.  Richardson,  J.  B.  O'Neal,  James  Crooke, 
Alfred  Huger,  J.  P.  Evans. 

From  Laurens. 

Archibald  Young,  William  Arnold,  John  S.  James,  A.  Fuller, 

Robert  Long. 

Fro:n  Abbeville. 

George  M'Duffie,  John  Lipscomb,  John  Logan,  A.  Bowie,  Sam 
uel  L.  Watt,  A.  Burt. 

From  York. 

Benjamin  Chambers,  I.  A.  Campbell,  James  A.  Black,  James 
Moore,  John  L.  Miller. 

From  Marlborough. 
Benjamin  Rogers,  Nicholas  Ware. 

From  Union. 

J.  S.  Sims,  Thomas  Ray,  A.  Lancaster,  John  Littlejohn,  George 

Douglas. 

From  Kershaw. 
Everard  Cureton,  Chapman  Levy,  John  Chesnut,  C,  J.  Shannon. 

From  Chesterfield. 
P.  Phillips,  James  R.  Ervin,  Alfred  M.  Lowry. 

From  Darlington. 
William  H.  Cannon,  S.  B.  Wilkins,  Robert  Ervin. 

From  Marion. 
A.  L.  Gregg,  Thomas  Harllee,  William  Evans. 

From  Williamsburg. 
T.  D.  Singleton,  Sr.,  William  Waties,  P.  G.  Gourdin. 

From  Clarendon. 
John  P.  Richardson,  Richard  J.  Manning,  W.  R.  Burgess. 


311 

From  Claremont. 

Stephen  D.  Miller,  John  B.  Miller,  James  G.  Spann,  Stephen 

Lacoste. 

From  Jill  Saints. 
Peter  Vaught,  J.  Walter  Phillips. 

From  Prince  George,  Winyaw. 
Philip  Tidyman,  Allard  H.  Belin,  J.  A.  Keith. 

From  Saint  Peter's. 
J.  Hamilton,  Jr.,  A.  J.  Lawton,  John  S.  Maner. 

From  Saint  Luke's. 
A.  Huguenin,  T.  E.  Screven,  James  Mongin  Smith. 

From  Saint  Helena. 
R.  W.  Barnwell,  Charles  G.  Capers,  M.  Jacobs. 

From  Saint  James,  Goose  Creek. 
Isaac  Bradwell,  Jr.,  G.  H.  Smith. 

From  Saint  Thomas  and  Saint  Dennis. 
Francis  D.  Quash,  John  L.  Nowell. 

From  Saint  John's,  Berkley. 
Peter  Gailliard,  Jr.,  William  Porcher,  J.  H.  Dawson. 

From  Saint  John's,  Collet  on. 
William  M.  Murray,  Joseph  L.  Stevens. 

From  Chester. 

R.  G.  Mills,  John  Douglas,  Thomas  B.  Woodward,  Thomas  G. 
Blcwett,  William  Stringfellow. 

From  Fairfield. 

William  Harper,  D.  H.  Means,  Edward  G.  Palmer,  John  B, 
McCall,  William  Smith, 


312 

From  Richland. 

Pierce  M.  Butler,  William  C.  Clifton,  Sterling  C.  Williamson, 
Senr.,  James  Adams,  John  G.  Brown. 

From  Saint  Philip's  and  Saint  Michael's. 

James  Hamilton  Senr.,  Richard  B.  Baker,  Senr.,  Robert  J. 
Turnbull,  S.  L.  Simons,  John  Magrath,  Charles  Parker,  Barnard 
E.  Bee,  Elias  Vanderhorst,  Peter  J.  Shand,  Nathaniel  Heyward, 
Robert  Y.  Hayne,  C.  J.  Colcock,  John  Ball,  John  L.  Wilson, 
James  Lynah,  C.  C.  Pinckney,  Philip  Cohen,  B.  A.  Markley. 

From  Christ  Church. 
Jacob  Bond  I'On,  James  Anderson. 

From  Saint  James's,  Santee. 
Samuel  Cordes,  Samuel  Warren. 

From  Saint  Stephen's. 
W.  Dubose,  Theodore  L.  Gourdin. 

From  Saint  Matthew's. 
R.  P.  McCord,  T.  J.  Goodwyn. 

From  Saint  Andrew's. 
Benjamin  Adams,  John  Rivers. 

From  Saint  Paul's. 
F.  Y.  Legare,  Thomas  W.  Boone. 

From  Saint  Bartholomew's. 
W.  C.  Pinckney,  F.  H.  Elmore,  Isham  Walker. 

From  Prince  William's. 
Wm.  Williams,  Thomas  H.  Colcock,  J.  B.  Ulmer. 

From  Orange. 
Edmund  J.  Felder,  Donald  Rowe,  Elisha  Tyler. 

From  Barnwell. 
Jennings  O'Bannon,  Stephen  Smith,  L.  M.  Ayer,  J.  G.  Brown. 


313 

From  Leocington. 
West  Caughman,  Jacob  H.  King,  Edwin  J.  Scott. 

From  Edgefield. 

James  Spann,  John  Key,  John  Bauskett,  Abner  Whatley,  John 
S.  Jeter,  R.  G.  Mays,  F.  H.  Wardlaw. 

From  Pendleton. 

R.  Anderson,  Thomas  Harrison,  J.  B.  Earle,  Thomas  Pinck- 
ney,  J.  T.  Whitefield,  Francis  Burt,  Jr.,  F.  W.  Symmes,  Bailey 
Barton. 

From  Newberry. 

Job  Johnston,  George  W.  Glenn,  John  Counts,  John  K.  Griffin, 

John  Hatton. 

From  Lancaster. 
Samuel  R.  Gibson,  Miner  Clinton. 

From  Kingston. 
D.  E.  Huger. 

The  Journal  of  the  day  previous  having  been  read,  on  motion 
of  Chancellor  Johnston,  a  correction  of  the  Journal  was  ordered, 
and  made  accordingly. 

Judge  Colcock,  on  the  part  of  the  Select  Committee  of  twen 
ty-one,  announced  that  the  Committee  were  ready  with  a  fur 
ther  Report,  consisting  of  an  Address  to  the  People  of  the 
United  States.  This  Address  having  been  read  by  the  Hon. 
George  McDuffie,  was,  on  motion  of  Mr.  Turnbull,  adopted  by 
the  Convention. 

The  Ordinance  which  had  been  made  the  special  order  of  the 
day,  was  now  taken  up  for  consideration.  Having  been  read  by 
the  Clerk,  Judge  Colcock  moved  so  to  amend  it  as  to  exempt 
the  members  of  the  Legislature  from  the  oath  required  of  the 
civil  and  military  officers  of  the  State,  which  amendment  was 
adopted. 

Mr.  Turnbull  moved  to  amend  the  title  of  the  Ordinance,  by 
41 


314 

striking  out  the  words  "  provide  for  arresting  the  operation  of," 
and  substituting  the  word  "  Nullify,"  so  that  when  amended  it 
should  read,  "  An  Ordinance  to  Nullify  certain  Acts  of  the  Con 
gress,"  &,c.  This  amendment  was  likewise  adopted. 

The  question  was  then  taken  on  the  adoption  of  the  Ordi 
nance  thus  amended.  Seven  members  having  risen  for  the 
Ayes  and  Noes,  they  were  taken  accordingly,  and  found  to  be 
as  follows  : 

AYES — B.  Adams,  James  Adams,  Ayer,  James  Anderson,  Rob 
ert  Anderson,  Arnold,  Baker,  Ball,  Bee,  Boone,  Barnwell,  Brad- 
well,  Blewett,  Butler,  J.  G.  Brown,  John  G.  Brown,  Bauskett, 
A.  Burt,  F.  Burt,  Barton,  Bowie,  Black,  Belin,  Cohen,  Cordes, 
T.  H.  Colcock,  C.  J.  Colcock,  Capers,  Clifton,  Caughman, 
Counts,  Chambers,  Campbell,  Dubose,  Dawson,  J.  Douglas,  G. 
Douglas,  Elmore,  Earle,  W.  Evans,  Felder,  Fuller,  T.  L.  Gour- 
din,  P.  G.  Gourdin,  Goodwyn,  Gailliard,  Griffin,  Glenn,  Gregg, 
J.  Hamilton,  Sen.,  Heyward,  Hayne,  Harper,  Harrison,  Hatton, 
Harllee,  Huguenin,  I'On,  Jeter,  Johnston,  James,  Jacobs,  Keith, 
Key,  King,  Lacoste,  Legare,  Lawton,  Long,  Lipscomb,  Logan, 
Littlejohn,  Lancaster,  Magrath,  Markley,  Maner,  Murray,  Mills, 
McCall,  Means,  Mays,  McDuffie,  Moore,  J.  L.  Miller,  S.  D.  Mil 
ler,  J.  B.  Miller,  McCord,  Nowell,  O'Bannon,  J.  W.  Phillips, 
Parker,  Porcher,  Palmer,  C.  C.  Pinckney,  W.  C.  Pinckney,  T. 
Pinckney,  Q,uash,  Rivers,  Rowe,  Rogers,  Ray,  J.  G.  Spann,  J. 
Spann,  Simons,  Shand,  J.  M.  Smith,  W.  Smith,  S.  Smith,  G.  H. 
Smith,  Stringfellow,  Scott,  Symmes,  Sims,  Singleton,  Stevens, 
Screven,  Turnbull,  Tyler,  Tidyman,  Ulmer,  Vaught,  Vander- 
horst,  Wilson,  Walker,  Williams,  Woodward, (Williamson,  Ward- 
law,  Whatley,  Whitefield,  Watt,  Ware,  Waties,  Warren,  and 
Young. 

His  Excellency  James  Hamilton,  Jr.,  President  of  the  Con 
vention,  claimed  his  privilege  of  voting  as  a  Delegate  from  St. 
Peter's,  and  gave  it  in  the  affirmative,  making,  in  all,  one  hun 
dred  and  thirty-six — Ayes. 

NOES — Brockman,  Burgess,  Crooke,  Cureton,  Chestnut,  Can 
non,  Clinton,  J.  R.  Ervin,  R.  Ervin,  J.  P.  Evans,  Gibson,  Alfred 
Huger,  D.  E.  Huger,  Levy,  Lowry,  Manning,  Middleton, 
O'Neale,  P.  Phillips,  Perry,  John  P.  Richardson,  J.  S.  Richard- 


315 

son,  Rowland,  Shannon,  Whitten,  and  Wilkins. — Making,  in  all, 
twenty-six — Noes. 

One  member  absent  from  sickness — five  not  yet  enrolled. 

The  Ordinance  was  consequently  adopted,  by  a  majority  of 
the  members  present  of  109,  and  a  majority  of  103  of  the  whole 
number  of  Delegates  elected  by  the  people. 

On  motion  of  Mr.  M'Duffie,  the  Report  accompanying  the 
Ordinance  was  taken  up  for  consideration,  and  the  reading  be 
ing  dispensed  with,  was  adopted  by  the  Convention. 

Mr.  M'Duffie  then  moved  the  consideration  of  the  Address  to 
the  People  of  this  State,  reported  by  the  Select  Committee  of 
twenty-one,  which  being  agreed  to,  and  the  reading  being  dis 
pensed  with,  the  Address  was  adopted  by  the  Convention. 

On  motion  of  Chancellor  Johnston,  a  reconsideration  of  the 
Address  was  granted. 

Mr.  Turnbull  then  moved  to  amend  the  Address,  by  striking 
out  in  the  19th  paragraph,  the  words  "  with  a  full  confidence 
that  other  divisions  of  the  Confederacy  will  nobly  follow  and 
sustain  us."  He  explained,  that  the  State  wished  to  be  under 
stood,  notwithstanding  her  hopes  that  she  would  be  sustained  by 
other  members  of  the  Confederacy,  as  relying  not  on  them,  but 
on  herself  alone.  The  amendment  was  agreed  to  without  oppo 
sition,  and  the  Address  so  amended,  adopted  by  the  Convention. 

Col.  W.  C.  Pinckney,  of  St.  Bartholomew's,  introduced  the 
following  Resolution,  which  was  concurred  in  by  the  Conven 
tion,  to  wit  : 

"  Resolved,  That  twenty  thousand  copies  of  the  Report,  the 
Addresses,  and  the  Ordinance,  (as  adopted)  be  printed  ;  and 
that  for  each  of  the  members  of  the  Convention,  thirty  copies  in 
separate  sheets,  shall  be  immediately  printed — that  ten  thousand 
copies,  with  the  Ordinance  annexed  to  the  Report,  in  pamphlet 
form,  be  separately  printed  for  distribution  ;  and  that  the  re 
maining  five  thousand  be  bound  up  with  the  proceedings  of  the 
Convention,  the  whole  of  which  shall  be  published  under  the 
direction  of  a  Committee  to  be  appointed  by  the  President,  for 
that  purpose  ; — that  the  documents  thus  ordered  to  be  printed, 
be  distributed  under  the  direction  of  the  President.  And  it 
shall  be  the  duty  of  the  Clerk,  under  the  direction  of  the  Com 
mittee,  to  assist  in  superintending  the  printing,  and  to  make 


316 

such  distribution  as  the  President  shall  direct. — That  he  carry 
on  the  necessary  correspondence,  and  cause  a  record  of  all  the 
proceedings  of  the  Convention  to  be  made,  and  deposited  in  the 
Secretary  of  State's  Office,  in  Columbia;  and  to  perform  such 
other  duties  in  reference  to  the  business  of  the  Convention,  as 
may  be  prescribed  by  the  President ;  and  that  during  his  con 
tinuance  in  office,  he  shall  receive  the  same  compensation  as 
the  Clerk  of  the  House  of  Representatives." 

Judge  Harper,  of  Fairfield,  and  Cols.  Brown  and  Clifton,  of 
Richland,  were  appointed  a  Committee  under  this  Resolution. 

On  motion  of  the  Hon.  John  Lynde  Wilson,  a  Committee  was 
appointed  to  engross  the  Ordinance  as  adopted,  and  to  superin 
tend  its  signature,  by  such  members  as  might  wish  to  affix  their 
names  to  it. 

Messrs.  Wilson  and  C.  C.  Pinckney,  were  appointed  the  Com 
mittee. 

Col.  Wilson  then  moved  a  recess  until  5  o'clock,  P.  M.,  that 
the  Engrossing  Committee  might  have  time  to  perform  that  ser 
vice.  The  motion  was  carried,  and  the  Convention  adjourned 
accordingly. 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention. 


SATURDAY,  November  24 — 5  o'clock,  P.  M. 

The  Convention  met  according  to  adjournment.  The  Jour 
nal  of  the  morning's  proceedings  having  been  read,  Mr.  Wilson, 
on  the  part  of  the  Engrossing  Committee,  made  the  following 
Report  to  wit : 

"  The  Engrossing  Committee,  to  whom  was  confided  the  care 
of  the  Ordinance  of  this  Convention,  for  engrossing  and  enrol 
ment,  have  performed  that  duty,  and  caused  the  great  Seal  of 
the  State  to  be  attached  thereto. 

"Your  Committee  have  so  engrossed  the  Ordinance,  as  to 


317 

admit  the  signatures  of  all  the  members  of  the  Convention,  a 
ratification  observed  by  those  who  proclaimed  our  Independ 
ence.  Your  Committee  suggest  the  propriety  of  submitting  to 
the  Patriots  of  '76,  yet  abiding  with  us,  and  laboring  in  one 
common  cause,  for  the  continuance  of  our  liberties,  the  first 
lines  for  their  signatures." 

JOHN  L.  WILSON,   Chairman. 

This  Report  was  was  unanimously  adopted. 

The  Report  of  the  Select  Committee  accompanying  the  Ordi 
nance,  as  adopted  by  the  Convention,  and  the  Ordinance,  as 
finally  ratified,  are  as  follows,  to  wit : 

[For  the  Report  and  Ordinance,  see  pages  1  and  28.] 

Of  the  signatures  to  the  Ordinance,  the  seven  first,  are  ac 
cording  to  the  Resolution,  the  signatures  of  those  Delegates  who 
bore  arms  in  the  war  of  the  Revolution.  The  signatures  of  the 
other  Delegates  approving,  were  taken  alphabetically,  with  the 
exception  of  R.  Barnwell  Smith,  Esq.,  who,  though  prevented 
by  sickness  from  taking  his  seat  in  the  Convention,  was,  by  a 
Resolution  of  the  Convention,  permitted  to  sign  the  Ordinance, 
and  record  his  approval  of  the  proceedings. 

The  Address  to  the  People  of  the  State,  read  by  Robert  J. 
Turnbull,  Esq.,  as  adopted  by  the  Convention,  is  as  follows,  to 
wit: 

[For  the  Address,  see  p.  37.] 

The  Address  to  the  People  of  the  United  States,  as  read  by 
the  Hon.  George  McDuffie,  and  adopted  by  the  Convention,  is 
as  follows,  to  wit : 

[For  the  Address,  see  page  59.] 

The  Report  and  Ordinance,  with  the  two  Addresses,  as  given 
above,  having  been  adopted  by  the  Convention,  the  Convention 
then,  on  motion  of  Dr.  Tidyman,  went  into  a  Committee  of  the 
whole,  Col.  POn  being  called  to  the  Chair.  Dr.  Tidyman  offer 
ed  the  following  Resolution  : 


318 

"  Resolved,  That  the  thanks  of  the  members  of  this  Conven 
tion  be  given  to  the  President,  for  the  very  able,  dignified  and 
impartial  manner  with  which  he  has  presided  over  their  delib 
erations,  and  for  the  zeal  and  fidelity  with  which  he  has  dis- 
discharged  the  duties  of  his  office." 

The  Resolution  having  been  unanimously  adopted,  the  Com 
mittee  rose,  and  reported  it  to  the  Convention,  as  so  adopted. 

Gen.  Hayne  then  offered  the  following  Resolution,  which  was 
adopted  by  the  Convention,  to  wit : 

"  Resolved,  That  copies  of  the  Ordinance  just  adopted  by  this 
Convention,  with  the  Report  thereon,  and  the  Addresses  to  the 
People  of  the  several  States,  and  of  this  State,  be  transmitted, 
by  the  Governor,  to  the  President  of  the  United  States,  to  be, 
by  him,  submitted  to  Congress ;  and  also  to  the  Governors  of 
the  several  States,  for  the  information  of  their  respective  Legis 
latures." 

Judge  Harper  offered  the  following  Resolution,  to  wit: 

"  Resolved,  That  when  this  Convention  adjourns,  it  shall  ad 
journ  to  meet  at  this  place,  at  such  time  as  the  President  shall 
appoint,  who  is  authorized,  if  in  his  opinion  the  public  exigen 
cies  shall  require,  by  notice  under  his  hand,  duly  published,  to 
assemble  the  Convention  at  any  time  before  the  12th  of  Novem 
ber  next ;  and  that  he  appoint  a  Committee,  a  majority  of 
whom,  or  the  survivors  or  survivor  of  such  majority,  in  case  of 
the  death  or  disqualification  of  the  President,  shall  have  like 
authority  to  assemble  the  Convention,  and  appoint  a  time  for  its 
meeting." 

This  Resolution  was  adopted,  and  the  Hon.  William  Harper, 
of  Fairfield,  the  Hon.  Robert  Y.  Hayne,  of  Charleston,  and 
Messrs.  Benjamin  Rodgers,  of  Marlborough,  Thomas  Harrison, 
of  Pendleton,  and  John  S.  Maner,  of  Saint  Peter's,  were  appoint 
ed  the  Committee. 

On  motion  of  Chancellor  Johnston,  the  following  Resolution 
was  adopted,  to  wit  : 

"  Resolved,  That  the  President  be  authorized  to  draw  his  war 
rant  or  warrants  on  the  Treasury,  for  the  contingent  expenses  of 
this  Convention." 


319 

Mr.  Turnbull  moved  the  following,  which  was  likewise  adopt 
ed,  to  wit : 

"  Resolved,  That  the  President  of  this  Convention  be  request 
ed  to  transmit  to  the  Legislature,  a  copy  of  the  Ordinance 
just  passed  by  this  Convention,  together  with  copies  also  of 
the  Report  of  the  Committee  of  twenty-one,  and  of  the  Ad 
dresses  to  the  People  of  this  State,  and  the  People  of  the  United 
States." 

Chancellor  Johnston  offered  the  following  Resolution,  which 
was  concurred  in  by  the  Convention,  to  wit : 

11  Resolved,  That  any  Delegate  shall  be  at  liberty  hereafter  to 
sign  the  Ordinance  adopted  by  the  Convention,  and  record  his 
approbation  of  the  proceedings  thereof." 

The  Hon.  Robert  W.  Barnwell  then  moved  the  following,  to 
wit  : 

Whereas,  It  is  the  duty  of  a  people  at  all  times  to  acknowl 
edge  their  dependence  upon  God,  and  more  especially  to  com 
mit  themselves  to  his  keeping,  when  they  have  adopted  measures 
of  deep  import  to  their  future  welfare  and  security." 

"Be  it  resolved,  That  we,  the  Delegates  of  South  Carolina, 
assembled  in  Convention,  do  recommend  to  our  fellow  citizens 
of  the  State,  to  observe  Thursday,  the  31st  day  of  January,  1833, 
as  a  day  of  solemn  fasting,  humiliation  and  prayer,  imploring 
the  Almighty  to  bestow  his  blessing  upon  the  proceedings  of 
this  body,  that  they  may  eventuate  in  the  promotion  of  his  glory, 
and  in  restoring  and  perpetuating  the  liberty  and  prosperty  of 
our  native  State." 

This  Resolution  was  unanimously  adopted,  and  ordered  to  be 
so  entered  on  the  Journal  of  the  Convention. 

The  President  then  rose  and  asked,  "  Has  any  member  any 
further  proposal  to  bring  before  this  Convention  ?" 

None  being  offered,  the  President  held  up  the  Ordinance,  and 
said,  "  I  do  announce  that  this  Ordinance  has  been  adopted  and 
ratified  by  the  good  people  of  the  State  of  South  Carolina,  as 
sembled  in  their  highest  sovereign  capacity." 

The  President  then  addressed    the  Convention,   in  a  short 


320 

speech.  In  concluding  it,  he  requested  the  Rev.  Mr.  Ware  to 
ask  the  Divine  blessing  upon  the  proceedings  of  the  Assembly. 

After  prayer  by  that  reverend  gentleman,  Col.  I'On  moved  an 
adjournment. 

The  motion  was  carried.  Whereupon  the  President  pro 
nounced  the  Convention  adjourned,  until  it  should  be  again  as 
sembled  according  to  the  provisions  of  Judge  Harper's  Resolu 
tion. 

ISAAC  WILLIAM  HAYNE, 

Clerk  of  the  Convention. 


SECOND   SESSION. 


MONDAY,  March  11,  1833* 

PURSUANT  to  a  Proclamation  of  the  President  of  the  Conven 
tion,  issued  on  the  13th  day  of  February,  one  thousand  eight 
hundred  and  thirty-three,  the  Convention  of  the  people  of  South 
Carolina  re-assembled  in  the  Hall  of  the  House  of  Representa 
tives,  in  the  Town  of  Columbia,  on  this  day,  at  meridian. 

The  proceedings  were  opened  by  a  prayer  from  the  Rev.  Mr. 
Ware ;  after  which  the  roll  was  called,  and  the  following  mem 
bers  answered  to  their  names,  viz  : — James  Adams,  Ayer,  J.  An 
derson,  Robert  Anderson,  Arnold,  Baker,  Ball,  Bee,  Boone, 
Blewett,  Butler,  J.  G.  Brown,  Richland,  J.  G.  Brown,  Barnwell, 
Bauskett,  F.  Burt,  Black,  Belin,  Cohen,  Cordes,  Thos.  H.  Col- 
cock,  C.  J.  Colcock,  Capers,  Clifton,  Caughman,  Counts, 
Crooke,  Chambers,  Campbell,  Cureton,  Chesnut,  Clinton,  Du- 
bose,  Dawson,  John  Douglas,  George  Douglas,  Elmore,  Earle, 
J.  R.  Ervin,  William  Evans,  J.  P.  Evans,  Felder,  T.  L.  Gourdin, 
P.  G.  Gourdin,  Goodwyn,  Gailliard,  Griffin,  Glenn,  Gibson, 
Gregg,  Hayne,  Heyward,  Harper,  Harrison,  Hatton,  Harllee, 
Huguenin,  I'On,  Jeter,  Johnston,  James,  Keith,  Key,  King, 
Levy,  Lowry,  Lacoste,  Legare,  Lawton,  Long,  Logan,  Little- 
John,  Lancaster,  Magrath,  Maner,  Murray,  Mills,  McCall,  Means, 
Mays,  McDuffie,  Moore,  J.  L.  Miller,  S.  D.  Miller,  John  B.  Mil 
ler,  McCord,  Nowell,  O'Neale,  O'Bannon,  P.  Phillips,  J.  W. 
Phillips,  Porcher,  Palmer,  Perry,  C.  C.  Pinckney,  William  C. 
Pinokney,  Thomas  Pinckney,  Quash,  Rowland,  Rivers,  Rowe, 
Rogers,  Ray,  J.  G.  Spann,  James  Spann,  Simons,  Shand,  J.  M. 
Smith,  G.  H.  Smith,  Wm.  Smith,  Stephen  Smith,  Stringfellow, 
42 


322 

Scott,  Symmes,  Sims,  Shannon,  Singleton,  Stevens,  Turnbull, 
Tyler,  Tidyman,  Ulmer,  Wilson,  Walker,  Williams,  Woodward, 
Whitten,  Watt,  Waties,  Wilkins,  Ware,  Warren,  Williamson, 
Wardlaw,  Whatley,  Young. 

The  President  then  addressed  the  Convention,  explaining  to 
them  the  objects  for  which  they  had  been  convoked.  In  con 
cluding,  he  announced,  that  as  he  had  been  chosen  to  preside 
over  this  body,  as  Governor  of  the  State,  and  as  another  now 
filled  that  station,  he  would,  after  submitting  to  the  Convention 
the  documents  which  had  induced  him  to  call  them  together  at 
this  time,  resign  his  office  into  their  hands.  The  following  doc 
uments  were  then  read  by  the  Clerk,  to  wit  : 


Letter  from   the   Governor   of  the   State,  to    the  President  of  the 

Convention. 

EXECUTIVE  DEPARTMENT,          ) 
COLUMBIA,  March  11,  1833.  ) 

To  JAMES  HAMILTON,  JUN.  ESQ., 

President  of  the  Convention  of  the  People  of  South  Carolina. 

Sm,  —  I  herewith  transmit  you  a  letter  which  I  have  received 
from  the  Hon.  Benjamin  Watkins  Leigh,  Commissioner  from  the 
State  of  Virginia,  which,  together  with  the  correspondence  in 
relation  to  Mr.  Leigh's  Mission,  and  the  Resolutions  of  Virginia, 
of  which  he  is  the  bearer,  you  are  requested  to  lay  before  the 
Assembly  over  which  you  preside. 

I  am  very  respectfully, 

Your  obedient  servant, 

ROBERT  Y.  HAYNE. 


323 


COLUMBIA,  March  llth,  1833. 
SIR,— 

Having,  at  our  first  interview,  presented  you  the  Resolutions 
of  the  General  Assembly  of  Virginia,  of  the  26th  January  last, 
on  the  subject  of  Federal  Relations,  I  have  now  to  request  your 
Excellency  to  lay  these  Resolutions  before  the  Convention  of 
the  People  of  South  Carolina,  which,  at  my  instance,  has  been 
re-assembled  for  the  purpose  of  considering  them. 

The  General  Assembly  of  Virginia  has  expressed,  in  its  own 
language,  its  sentiments  concerning  the  unhappy  controversy 
between  the  State  of  South  Carolina  and  the  Federal  Govern 
ment,  and  its  motives,  its  views  and  object,  in  making  this  inter 
cession.  In  these  respects,  therefore,  the  Commissioner  it  has 
thought  proper  to  depute  to  South  Carolina,  can  have  nothing  to 
add,  and  nothing  even  to  explain.  The  duty  presented  to  him 
is  simple  and  precise.  He  is  instructed  to  communicate  the 
Preamble  and  Resolutions  to  the  proper  authorities  of  this 
State,  and  "  to  give  them  such  direction  as  in  his  judgment  may 
be  best  calculated  to  promote  the  objects  which  the  Legislature 
of  Virginia  has  in  view;"  and  this  part  of  his  duty  he  has  al 
ready,  by  the  prompt  and  cordial  compliance  of  those  authori 
ties,  had  the  happiness  to  accomplish,  to  the  entire  satisfaction 
(as  he  has  reason  to  believe)  of  the  Legislature  of  Virginia. 
And  he  is  further  instructed  and  "  authorized  to  express  to  the 
public  authorities  and  people  of  this,  our  sister  State,  the  sincere 
good  will  of  the  Legislature,  and  people  of  Virginia,  towards 
their  sister  State,  and  their  anxious  solicitude  that  the  kind  and 
respectful  representations  they  have  addressed  to  her,  may  lead 
to  an  accommodation  of  the  differences  between  this  State  and 
the  General  Government." 

Virginia  is  animated  with  an  ardent  and  devoted  attachment 
to  the  Union  of  the  States,  and  to  the  rights  of  the  several  States 
that  compose  the  Union  ;  and  if  similarity  of  situation  and  of 
interests  naturally  induce  her  to  sympathize,  with  peculiar  sen 
sibility,  in  whatever  affects  the  prosperity  and  happiness  of 
South  Carolina,  and  the  other  Southern  States,  she  knows  how 


324 

to  reconcile  this  sentiment  with  her  affection  and  duty  towards 
each  and  every  other  State,  severally,  and  towards  the  United 
States.  She  is  most  solicitous  to  maintain  and  preserve  our 
present  institutions,  which,  though  they  partake  of  imperfection, 
from  which  no  human  institutions  can  ever  be  exempt,  and  not 
withstanding  some  instances  of  maladministration  or  error,  to 
which  all  governments  are  liable,  are  yet,  as  she  confidently  be 
lieves,  the  happiest  frame  of  polity  that  is  now  or  ever  has  been 
enjoyed  by  any  people ; — to  maintain  and  preserve  the  whole? 
and  every  part  of  these  institutions,  in  full  vigor  and  purity  ;  to 
uphold  the  Union,  and  the  States  ;  to  maintain  the  Federal 
Government  in  all  its  just  powers,  administered,  according  to 
the  pure  principles  of  the  Constitution,  without  the  least  depa*rt- 
ure  from  the  limitations  prescribed  by  the  compact,  fairly  un 
derstood,  and  the  State  Governments,  in  all  their  rights  and  au 
thority,  as  absolutely  necessary  to  the  good  government  and  hap 
piness  of  their  respective  citizens.  Consolidation  and  disunion 
are  alike  abhorrent  from  her  affections  and  her  judgment — the 
one  involving,  at  the  least,  a  forfeiture  of  the  manifold  advan 
tages  and  blessings  so  long  and  so  generally  felt  and  acknowl 
edged  to  have  been  derived  from  the  Union  ;  and  the  other  hav 
ing  an  apparent,  perhaps  inevitable,  tendency  to  military  des 
potism.  And  she  is  apprehensive,  for  reasons  too  obvious  to 
need  particular  mention,  that  in  case  any  differences  between 
the  Federal  Government  and  the  States,  shall  ever  be  brought 
to  the  arbitrament  of  force,  the  result,  let  it  be  what  it  may, 
must  effect  such  a  change  in  our  existing  institutions  as  cannot 
but  be  evil,  since  it  would  be  a  change  from  those  forms  of  gov 
ernment,  which  we  have  experienced  to  be  good,  and  under 
which  we  have  certainly  been,  in  the  main,  free,  prosperous, 
contented  and  happy.  Therefore,  in  the  present  controversy, 
between  the  Federal  Government  and  the  State  of  South  Caro 
lina,  she  deprecates  any  resort  to  force  by  either,  and  is  san 
guine  in  the  hope,  that,  with  proper  moderation  and  forbearance 
on  both  sides,  this  controversy  may  be  adjusted  (as  all  our  con 
troversies  hitherto  have  been)  by  the  influence  of  truth,  reason 
and  justice. 

Virginia,  remembering  the  history  of  South  Carolina,  her  ser 
vices  in  war  and  in  peace,  and  her  contributions  of  virtue  and 


325 


intelligence  to  the  common  councils  of  the  Union ;  and  knowing 
well  the  generosity,  the  magnanimity,  and  the  loyalty  of  her 
character,  entertained  the  most  perfect  confidence,  that  these 
sentiments,  so  cherished  by  herself,  would  find  a  response  in  the 
heart  and  understanding  of  every  citizen  of  this  State.  And 
that  confidence  induced  her  intercession  on  the  present  occa 
sion.  She  has  not  presumed  to  dictate,  or  even  to  advise.  She 
has  addressed  her  entreaty  to  the  Congress  of  the  United  States, 
to  redress  the  grievance  of  which  South  Carolina  complains. 
And  she  has  spoken  to  South  Carolina  also,  as  one  sovereign 
State,  as  one  State  of  this  Union,  ought  to  speak  to  another. 
She  has  earnestly,  affectionately,  and  respectfully  requested  and 
entreated  South  Carolina,  "  to  rescind  or  suspend  her  late  Ordi 
nance,  and  to  await  the  result  of  a  combined  and  strenuous  ef 
fort  of  the  friends  of  Union  and  Peace,  to  effect  an  adjustment 
and  conciliation  of  all  public  differences  now  unhappily  exist 
ing."  She  well  hoped,  that  this  State  "would  listen  willingly 
and  respectfully  to  her  voice  ;"  for  she  knew  and  felt  that  South 
Carolina  could  not  descend  from  the  dignity,  and  would  nowise 
compromit  the  rights  of  her  sovereignty,  by  yielding  to  the  in 
tercession  of  a  sister  State. 

If,  therefore,  no  other  considerations  could  have  been  pre 
sented  to  the  Convention  of  the  people  of  South  Carolina— if 
no  other  motives  for  compliance  could  have  been  suggested, 
than  the  intercession  of  Virginia,  offered  in  the  temper  and 
manner  it  has  been,  and  the  interests  we  all  have  in  the  Union, 
the  common  attachment  we  feel  for  our  tried  republican  institu 
tions,  the  aversion  from  civil  discord  and  commotion,  and  the 
wise  and  just  dread  of  changes  of  which  no  sagacity  can  foresee 
the  consequences, — it  might  have  been  hoped  and  expected, 
that  the  Convention  would  rescind,  or  at  least  suspend  for  a 
time,  its  late  Ordinance. 

But,  in  truth,  the  Convention  comes  now  to  a  consideration 
of  this  subject,  under  a  state  of  circumstances,  not  anticipated 
by  Virginia  when  she  interposed  her  good  offices  to  promote  a 
peaceable  adjustment  of  the  controversy  between  this  State  and 
the  Federal  Government.  There  has  been  made  that  "  com 
bined  and  strenuous  effort  of  the  friends  of  peace  and  union,  to 
effect  an  adjustment  and  conciliation"  of  this  controversy — the 


326 

result  of  which  South  Carolina  was  requested  and  expected  to 
await — and  that  effort,  it  is  hoped,  will  prove  successful.  The 
recent  Act  of  Congress,  "  to  modify  the  Act  of  the  14th  July, 
1832,  and  all  other  Acts  imposing  duties  on  imports,"  is  such  a 
modification  of  the  Tariff  Laws  as  (I  trust)  will  leave  little 
room  for  hesitation  on  the  part  of  the  Convention  of  the  People 
of  South  Carolina,  as  to  the  wisdom  and  propriety  of  rescinding 
its  Ordinance. 

Forbearing,  therefore,  to  enter  at  large  into  the  many  and 
forcible  considerations  of  justice  and  policy,  which,  independ 
ently  of  this  measure  of  Congress,  might,  I  humbly  conceive, 
have  sufficed  to  induce  the  Convention  to  suspend,  if  not  to  re 
scind  the  Ordinance.  I  shall  rest  in  the  hope,  that  the  wisdom  of 
the  Convention  will  adopt,  at  once,  the  course  which  the  dignity 
and  patriotism  of  South  Carolina,  her  attachment  to  the  Union, 
so  constantly  expressed,  and  manifested  by  her  deeds,  her  duty 
to  herself  and  towards  her  sister  States,  and  (1  hope  I  may  add. 
without  presumption,)  her  respect  for  the  intercession  of  Vir 
ginia,  shall  dictate  to  be  proper ;  and  that  that  course  will  lead 
to  a  renewal  of  perfect  harmony. 

Sensible  as  I  am,  how  little  any  effort  of  mine  has  or  could 
have  contributed  to  the  result  I  now  anticipate,  I  shall  be  well 
content  with  the  honor  of  having  been  the  bearer  of  the" Resolu 
tions  of  Virginia,  and  of  a  favorable  answer  to  them — happy  in 
being  the  humblest  instrument  of  such  a  work. 

I  have  the  honor  to  be, 

With  profound  respect, 

Your  most  obedient  servant, 

B.  W.  LEIGH. 

To  His  Excellency  ROBERT  Y.  HAYNE, 
Governor  of  South  Carolina. 


327 


[II.] 

Letter  from  the  Governor  of  Virginia,  to  the  Governor  of  South 

Carolina. 

VIRGINIA. 

EXECUTIVE  DEPARTMENT,  ) 
January  26,  1833.      ) 

To  His  Excellency  ROBERT  Y.  HAYNE  : 

SIR, — This  will  be  delivered  to  you  by  the  Hon.  Benjamin 
Watkins  Leigh,  a  distinguished  citizen  of  Virginia,  who  has 
been  elected  by  the  General  Assembly,  a  Commissioner  of  this 
State,  to  the  State  of  South  Carolina,  in  conformity  to  a  Pre 
amble  and  Resolutions  on  the  subject  of  Federal  Relations,  this 
day  adopted  by  the  General  Assembly  of  Virginia.  Mr.  Leigh 
will  make  known  to  you  any  further  views,  that  may  be  enter 
tained,  on  the  subject  of  the  Preamble  and  Resolutions. 

I  have  the  honor  to  be, 

With  high  consideration  and  respect, 

Your  Excellency's  most  obedient  servant, 

JOHN  FLOYD. 


[III.] 

Certified  Copy  of  the  Preamble  and  Resolutions  adopted  by  the  Vir 
ginia  Legislature,  and  transmitted,  through  their  Commissioner,  to 
the  constituted  Authorities  of  this  State. 

VIRGINIA,  TO  WIT: 

I,  JOHN  FLOYD,  Governor  of  the  State  aforesaid,  do  hereby 
certify  and  make  known  unto  all  whom  it  may  concern,  that 
George  W.  Munford,  whose  name  is  subscribed  to  the  certificate 
to  two  documents  hereunto  annexed,  marked  A  and  B,  is  as  he 


328 

there  styles  himself,  Clerk  of  the  House  of  Delegates,  and 
Keeper  of  the  Rolls  of  Virginia,  duly  appointed  and  qualified 
according  to  law ;  and  to  all  his  official  acts  as  such,  full  faith, 
credit  and  authority  are  had  and  ought  to  be  given. 

In  testimony  whereof,  I  have  subscribed  my  name,  and  caused 
the  great  seal  of  the  State  to  be  affixed  hereunto. 

Done  at  the  City  of  Richmond,  the  twenty-sixth 
[  L.  S.  ]     day  of  January,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  thirty-three,  and  of  the  Common 
wealth  the  fifty-seventh. 

JOHN  FLOYD. 
[By  the  Governor.] 

WM.  H.  RICHARDSON,  Secretary 

of  the  Commonwealth,  and  Keeper  of  the  Seal. 


WHEREAS,  The  General  Assembly  of  Virginia,  actuated  by  a 
desire  to  preserve  the  peace  and  harmony  of  our  common  coun 
try, — relying  upon  the  sense  of  justice  of  each  and  every  State 
in  the  Union,  as  a  sufficient  pledge  that  their  Representatives  in 
Congress  will  so  modify  the  Acts  laying  duties  and  imposts  on 
the  importation  of  foreign  commodities,  commonly  called  the 
Tariff  Acts,  that  they  will  no  longer  furnish  cause  of  complaint 
to  the  people  of  any  particular  State ;  believing,  accordingly, 
that  the  People  of  South  Carolina  are  mistaken,  in  supposing 
that  Congress  will  yield  them  no  relief  from  the  pressure  of  those 
Acts,  especially  as  the  auspicious  approach  of  the  extinguish 
ment  of  the  Public  Debt,  affords  a  just  ground  for  the  indulgence 
of  a  contrary  expectation  ;  and  confident  that  they  are  too 
strongly  attached  to  the  Union  of  the  States,  to  resort  to  any 
proceedings  which  might  dissolve  or  endanger  it,  whilst  they 
have  any  fair  hope  of  obtaining  their  object,  by  more  regular 
and  peaceful  measures  ;  persuaded,  also,  that  they  will  listen 
willingly  and  respectfully  to  the  voice  of  Virginia,  earnestly  and 
affectionately  requesting  and  entreating  them  to  rescind  or  sus- 


329 

pend  their  late  Ordinance,  and  await  the  result  of  a  combined 
and  strenuous  effort  of  the  friends  of  Union  and  Peace,  to  effect 
an  adjustment  and  reconciliation  of  all  public  differences  now 
unhappily  existing  ;  regarding,  moreover,  an  appeal  to  force,  on 
the  part  of  the  General  Government,  or  on  the  part  of  the  Gov 
ernment  of  South  Carolina,  as  a  measure  which  nothing  but  ex 
treme  necessity  could  justify  or  excuse  in  either;  but  appre 
hensive,  at  the  same  time,  that  if  the  present  state  of  things  is 
allowed  to  continue,  acts  of  violence  will  occur,  which  may  lead 
to  consequences  that  all  would  deplore — cannot  but  deem  it  a 
solemn  duty  to  interpose,  and  mediate  between  the  high  con 
tending  parties,  by  the  declaration  of  their  opinions  and  wishes, 
which  they  trust  that  they  both  will  consider  and  respect : 
Therefore, 

Resolved,  by  the  General  Assembly,  in  the  name  and  on  behalf  of 
the  people  of  Virginia,  That  the  competent  Authorities  of  South 
Carolina  be,  and  they  are,  hereby,  earnestly  and  respectfully 
requested  and  entreated  to  rescind  the  Ordinance  of  the  late 
Convention  of  that  State,  entitled  "  An  Ordinance  to  Nullify 
certain  Acts  of  the  Congress  of  the  United  States,  purporting  to 
be  laws,  laying  duties  and  imposts  on  the  importation  of  foreign 
commodities;"  or,  at  least  to  suspend  its  operation  until  the 
close  of  the  first  session  of  the  next  Congress. 

Resolved,  That  the  Congress  of  the  United  States  be,  and 
they  are,  hereby,  earnestly  and  respectfully  requested  and  en 
treated,  so  to  modify  the  Acts  laying  duties  and  imposts  on  the 
importation  of  foreign  commodities,  commonly  called  the  Tariff 
Acts,  as  to  effect  a  gradual  but  speedy  reduction  of  the  result 
ing  Revenue  of  the  General  Government,  to  the  standard  of  the 
necessary  and  proper  expenditures  for  the  support  thereof. 

Resolved,  That  the  people  of  Virginia  expect,  and,  in  the 
opinion  of  the  General  Assembly,  the  people  of  the  other  States 
have  a  right  to  expect,  that  the  General  Government  and  the 
Government  of  South  Carolina,  and  all  persons  acting  under  the 
authority  of  either,  will  carefully  abstain  from  any  and  all  acts, 
whatever,  which  may  be  calculated  to  disturb  the  tranquillity  of 
the  country,  or  endanger  the  existence  of  the  Union. 
43 


330 

And,  whereas,  considering  the  opinions  which  have  been  ad 
vanced  and  maintained  by  the  Convention  of  South  Carolina,  in 
its  late  Ordinance  and  Addresses,  on  the  one  hand,  and  by  the 
President  of  the  United  States,  in  his  Proclamation,  bearing 
date  the  tenth  day  of  December,  one  thousand  eight  hundred 
and  thirty-two,  on  the  other,  the  General  Assembly  deem  it  due 
to  themselves,  and  the  people  whom  they  represent,  to  declare 
and  make  known  their  own  views  in  relation  to  some  of  the  im 
portant  and  interesting  questions  which  these  papers  present : 
Therefore, 

Resolved,  by  the  General  Assembly,  That  they  continue  to  re 
gard  the  doctrines  of  State  Sovereignty  and  State  Rights,  as  set 
forth  in  the  Resolutions  of  1798,  and  sustained  by  the  Report 
thereon,  of  1799,  as  a  true  interpretation  of  the  Constitution  of 
the  United  States,  and  of  the  powers  therein  given  to  the  Gen 
eral  Government ;  but  that  they  do  not  consider  them  as  sanc 
tioning  the  proceedings  of  South  Carolina,  indicated  in  her  said 
Ordinance  ;  nor  as  countenancing  all  the  principles  assumed  by 
the  President  in  his  said  Proclamation,  many  of  which  are  in 
direct  conflict  with  them. 

Resolved,  That  this  House  will,  by  joint  vote  with  the  Senate, 
proceed,  on  this  day,  to  elect  a  Commissioner,  whose  duty  it 
shall  be  to  proceed  immediately  to  South  Carolina,  and  commu 
nicate  the  foregoing  Preamble  and  Resolutions  to  the  Governor 
of  that  State,  with  a  request  that  they  be  communicated  to  the 
Legislature  of  that  State,  or  any  Convention  of  its  citizens,  or 
give  them  such  other  direction  as,  in  his  judgment,  may  be  best 
calculated  to  promote  the  objects  which  this  Commonwealth  has 
in  view  ;  and  that  the  said  Commissioner  be  authorized  to  ex 
press  to  the  public  authorities  and  people  of  our  sister  State,  in 
such  manner  as  he  may  deem  most  expedient,  our  sincere  good 
will  to  our  sister  State,  and  our  anxious  solicitude  that  the  kind 
and  respectful  recommendations  we  have  addressed  to  her  may 
lead  to  an  accommodation  of  all  the  differences  between  that 
State  and  the  General  Government. 

Resolved,  That  the  Governor  of  the  Commonwealth  be,  and  he 
is,  hereby,  requested  to  communicate  the  foregoing  Preamble 
and  Resolutions  to  the  President  of  the  United  States,  to  the 


331 

Governors  of  the  other  States,  and  to  our  Senators  and  Repre 
sentatives  in  Congress. 

Agreed  to  by  the  House,  the  t'.venty-sixth  day  of  January,  one 
thousand  eight  hundred  and  thirty-three. 

GEORGE  W.  MUNFORD, 

Clerk  of  the  House  of  Delegates,  and 

Keeper  of  the  Rolls  of  Virginia. 


B. 

IN  THE  HOUSE  OF  DELEGATES,  Jan.  26,  1833. 

The  House  of  Delegates  have,  this  day,  by  joint  vote  with  the 
Senate,  elected  Benjamin  Watkins  Leigh,  Esq.,  a  Commissioner 
of  this  State  to  the  State  of  South  Carolina,  in  conformity  to  a 
Preamble  and  Resolutions  upon  the  subject  of  Fedural  Rela 
tions,  also  adopted  to-day. 

GEGRGE  W.  MUNFORD, 

Clerk  of  the  House  of  Delegates,  and 

Keeper  of  the  Rolls  of  Virginia. 


[IV.] 

Correspondence  between  the  Commissioner  of  Virginia,  and  the  Con 
stituted  Authorities  of  this  State. 

LETTER  No.  1. 

CHARLESTON,  February  5,  1833. 
SIR,— 

When  I  had  the  honor,  yesterday,  of  laying  before  your  Ex 
cellency,  the  Resolutions  of  the  General  Assembly  of  Virginia, 


332 

of  the  26th  January  last,  and  called  your  attention  particularly 
to  the  Resolution  of  the  General  Assembly,  in  the  name  and  on 
behalf  of  the  people  of  Virginia,  that  the  competent  authorities 
of  South  Carolina  be,  and  are  hereby  earnestly  and  respectfully 
requested  and  entreated  to  rescind  the  Ordinance  of  the  State 
Convention  of  that  State,  entitled  "  An  Ordinance  to  Nullify 
certain  Acts  of  the  Congress  of  the  United  States,  purporting  to 
be  laws,  laying  duties  and  imposts  on  the  importation  of  foreign 
commodities ;"  or,  at  least,  to  suspend  its  operation  until  the 
close  of  the  first  session  of  the  next  Congress,  you  informed  me, 
that  the  only  authority  competent  to  comply  with  that  request, 
or  even  to  consider  it,  is  the  Convention  of  the  people  of  South 
Carolina,  which  made  the  Ordinance,  and  the  power  of  re-as 
sembling  the  Convention  is  vested  in  the  President  of  that  body. 
I  have  now,  therefore,  to  request  your  Excellency  to  commu 
nicate  the  Resolutions  of  the  General  Assembly  of  Virginia,  and 
this  letter  also,  to  the  President  of  the  Convention  ;  confidently 
hoping  that  that  officer  will  not  refuse  or  hesitate  to  re-assemble 
the  Convention,  in  order  that  the  Resolutions  of  the  General 
Assembly  may  be  submitted  to  it,  and  that  the  Convention  may 
consider,  whether,  and  how  far  the  earnest  and  respectful  re 
quest  and  entreaty  of  the  General  Assembly  shall  and  ought  to 
be  complied  with. 

I  have  the  honor  to  be,  &c.  &c., 

B.  W.  LEIGH. 

To  His  Excellency  ROBERT  Y.  HAYNE,  ) 
Governor  of  South  Carolina.      } 


LETTER  No.  2. 


EXECUTIVE  DEPARTMENT 
CHARLESTON 


PARTMENT,  ) 

,  Feb.  6,  1833.  $ 


SIR,- 


I  have  had  the  honor  to  receive  your  letter  of  the  5th  instant, 
and  in  compliance  with  the  request  therein  contained,  commu- 


333 

nicated  its  contents,  together  with  the  Resolutions  of  the  Legis 
lature  of  Virginia,  of  which  you  are  the  bearer,  to  Gen.  James 
Hamilton,  Jun.,  the  President  of  the  Convention.  I  have  now 
the  pleasure  of  inclosing  you  his  answer,  by  which  you  will  per 
ceive,  that  in  compliance  with  the  request  conveyed  through 
you,  he  will  promptly  re-assemble  the  Convention,  to  whom  the 
Resolutions  adopted  by  the  Legislature  of  Virginia,  will  be  sub 
mitted,  and  by  whom  they  will  doubtless  receive  the  most 
friendly  and  respectful  consideration.  In  giving  you  this  infor 
mation,  it  is  due  to  the  interest  manifested  by  Virginia,  in  the 
existing  controversy  between  South  Carolina  and  the  Federal 
Government,  to  state  that  as  soon  as  it  came  to  be  understood 
that  the  Legislature  of  Virginia  had  taken  up  the  subject  in  a 
spirit  of  friendly  interposition,  and  that  a  bill  for  the  modifica 
tion  of  the  Tariff  was  actually  before  Congress,  it  was  determin 
ed,  by  the  common  consent  of  our  fellow-citizens,  that  no  case 
should  be  made  under  our  Ordinance  until  after  the  adjourn 
ment  of  the  present  Congress.  The  propriety  of  a  still  further 
suspension,  can,  of  course,  only  be  determined  by  the  Conven 
tion  itself.  With  regard  to  the  solicitude  expressed  by  the  Leg 
islature  of  Virginia,  that  there  should  be  "  no  appeal  to  force," 
on  "  the  part  of  either  the  General  Government,  or  the  Govern 
ment  of  South  Carolina,  in  the  controversy  now  unhappily  ex 
isting  between  them,"  and  that  "  the  General  Government  and 
the  Government  of  South  Carolina,  and  all  persons  acting  under 
the  authority  of  either,  should  carefully  abstain  from  any  and  all 
acts,  whatever,  which  may  be  calculated  to  disturb  the  tranquil 
lity  of  the  country,  or  endanger  the  existence  of  the  Union  ;"  it 
is  proper  that  I  should  distinctly  and  emphatically  state,  that  no 
design  now  exists,  or  ever  has  existed,  on  the  part  of  the  Gov 
ernment  of  South  Carolina,  or  any  portion  of  the  people,  to 
"  appeal  to  force,"  unless  that  measure  should  be  rendered  in 
dispensable  in  repelling  unlawful  violence. 

I  beg  leave  to  assure  you,  and  through  you,  the  people  of 
Virginia,  and  our  other  sister  States,  that  no  acts  have  been 
done,  or  are  contemplated  by  South  Carolina,  her  constituted 
authorities,  or  citizens,  in  reference  to  the  present  crisis,  but 
such  as  are  deemed  measures  of  precaution.  Her  preparations 
are  altogether  defensive  in  their  character ;  and  notwithstand- 


334 


ing  the  concentration  of  large  naval  and  military  forces  in  this 
harbor,  and  the  adoption  of  other  measures  on  the  part  of  the 
General  Government,  which  may  be  considered  as  of  a  charac 
ter  threatening  the  peace  and  endangering  the  tranquillity  and 
safety  of  the  State,  we  shall  continue  to  exercise  the  utmost 
possible  forbearance,  acting  strictly  on  the  defensive,  firmly  re 
solved  to  commit  no  act  of  violence,  but  prepared,  as  far  as  our 
means  may  extend,  to  resist  aggression.  Nothing,  you  may  be 
assured,  would  give  me,  personally,  and  the  people  of  South 
Carolina,  more  satisfaction  than  that  the  existing  controversy 
should  be  happily  adjusted,  on  just  and  liberal  terms  ;  and  I 
beg  you  to  be  assured,  that  nothing  can  be  further  from  our  de 
sire,  than  to  disturb  the  tranquillity  of  the  country,  or  endanger 
the  existence  of  the  Union. 

Accept,  Sir,  for  yourself, 

The  assurance  of  the  high  consideration 
Of  yours,  respectfully  and  truly, 

ROBERT  Y.  HAYNE. 
To  the  Hon.  B.  W.  LEIGH. 


LETTER  No.  3. 

CHARLESTON,  February  6,  1833. 


SIR, — 


I  do  myself  the  honor  of  acknowledging  the  receipt  of  your 
letter  of  the  5th,  enclosing  a  copy  of  a  communication  you  have 
received  from  Benjamin  Watkins  Leigh,  Esq.,  Commissioner 
from  the  State  of  Virginia,  covering  certain  Resolutions  passed 
by  the  Legislature  of  that  State,  which  that  gentlemen  has  been 
deputed  to  convey  to  the  Executive  of  this  State. 

In  reply  to  the  reference  which  you  have  made  to  me,  as  Pres 
ident  of  the  Convention  of  the  People  of  South  Carolina,  conse- 


335 

quent  on  the  application  on  the  part  of  that  gentleman,  for 
the  meeting  of  that  body,  I  beg  leave  to  communicate  to  him, 
through  your  Excellency,  that,  appreciating  very  highly,  the 
kind  disposition,  and  the  patriotic  solicitude,  which  have  induced 
the  highly  respectable  Commonwealth  which  he  represents,  to 
interpose  her  friendly  and  mediatorial  offices  in  the  unhappy 
controversy  subsisting  between  the  Federal  Government  and  the 
State  of  South  Carolina,  I  should  do  great  injustice  to  those  dis 
positions  on  her  part,  and,  I  am  quite  sure,  to  the  feelings  of 
the  people  of  South  Carolina,  if  I  did  not  promptly  comply  with 
his  wishes  in  reference  to  the  proposed  call. 

You  are,  therefore,  authorized  to  say  to  Mr.  Leigh,  that  the 
Convention  will  be  assembled  with  as  much  despatch  as  may  be 
compatible  with  the  public  convenience,  and  with  a  due  regard 
to  those  circumstances  which  best  promise  a  full  consideration 
and  final  decision,  on  the  proposition  of  which  he  is  the  bearer. 

1  have  the  honor  to  remain, 

With  distinguished  consideration  and  esteem, 
Your  Excellency's  obedient  servant, 

JAMES  HAMILTON,  JR., 

President  of  the  Convention  of  the  People  of  South  Carolina. 

To  His  Excellency  ROBERT  Y.  HAYNE. 

Messrs.  Geo.  Sistrunk,  from  St.  George's,  R.  Barnwell  Smith, 
from  St.  Bartholomew's,  Robert  W.  Gill,  from  Lancaster,  Ben 
jamin  Gause,  from  Kingston,  and  James  C.  Coggeshall,  from 
Prince  George,  Winyaw,  now  appeared  for  the  first  time,  exhib 
ited  their  credentials,  enrolled  their  names,  and  took  their  seats 
as  members  of  the  Convention. 

The  Convention  then  proceeded  to  the  election  of  a  Presi 
dent.  Messrs.  Butler,  Burt,  and  Quash,  were  appointed  a  Com- 
mitttee  to  count  the  votes,  and  make  known  the  result.  The 
Committee  reported  His  Excellency  Robert  Y.  Hayne,  Governor 
and  Commander  in  Chief  in  and  over  the  State,  duly  elected 
President  of  the  Convention. 


336 

Chancellor  Johnston  and  Col.  Thomas  Pinckney,  were  ap 
pointed  a  Committee  to  wait  on  the  President  elect,  inform  him 
of  his  election,  and  conduct  him  to  the  chair ;  which,  having 
been  done,  Governor  Hayne,  after  a  short  address,  entered  upon 
the  duties  of  his  station. 

On  motion  of  General  Hamilton,  the  following  Resolutions 
were  adopted  unanimously,  to  wit : 

Resolved,  That  a  Committee  of  three  be  appointed  to  wait  on 
Benjamin  Watkins  Leigh,  Esq.,  Commissioner  of  the  Common 
wealth  of  Virginia,  and  invite  him  to  a  seat  within  the  bar  of 
this  Convention." 

"  Resolved,  That  this  Convention  will  receive  Mr.  Leigh, 
standing  and  uncovered." 

The  Committee  consisted  of  Gen.  Earle,  Col.  I'On,  and  Mr. 
Heyward. 

On  motion  of  the  Hon.  C.  J.  Colcock,  it  was 

"  Resolved,  That  a  Committee  of  twenty-one  be  appointed  to 
take  into  consideration  the  communication  of  the  Hon.  Benja 
min  W.  Leigh,  Commissioner  from  the  State  of  Virginia,  and  all 
other  matters  connected  with  the  subject,  and  the  course  which 
should  be  pursued  by  the  Convention,  at  the  present  important 
crisis  of  our  political  affairs." 

The  following  gentlemen  were  named  by  the  President,  to 
constitute  the  Committee,  viz  : 

Hon.  C.  J.  Colcock, 

Gen.  J.  B.  Earle,  R.  J.  Turnbull,  Esq., 

Hon.  William  Harper,  B.  Rogers,  Esq., 

Hon.  J.  B.  O'Neal,  Hon.  R.  W.  Barnwell, 

Col.  Wm.  C.  Pinckney,  Col.  J.  R.  Ervin, 

Hon.  S.  D.  Miller,  Col.  J.  Bond  FOn, 

Chancellor  Job  Johnston,  T.  D.  Singleton,  Esq., 

Hon.  G.  McDuffie,  Col.  P.  M.  Butler, 

Hon.  R.  J.  Manning,  Jas.  A.  Black,  Esq., 

Hon.  J.  K.  Griffin,  Col.  John  Bauskett, 

On  motion  of  Judge  Harper,  it  was  ordered,  that  the  corres 
pondence  between  Mr.  Leigh  and  Governor  Hayne,  should  be 
printed  for  the  use  of  the  Convention ;  likewise  the  Acts  of  the 


337 

late  Congress,  connected  with  the  controversy  between  this 
State  and  the  Federal  Government. 

On  motion  of  Col.  POn,  the  members  of  Congress,  and  of  the 
State  Legislature,  who  might  be  present,  were  invited  to  a  seat 
within  the  bar  of  the  Convention. 

On  motion  of  Gen.  Hamilton,  the  Convention  now  adjourned 
until  to-morrow  at  one  o'clock,  P.  M. 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention. 


TUESDAY,  March  12,  1833. 

The  Convention  met  according  to  adjournment,  at  one  o'clock, 
P.  M.,  and  the  proceedings  were  opened  by  a  prayer  from  the 
Rev.  Mr.  Ray. 

The  roll  having  been  called,  the  President  suggested  that  as 
this  formality  was  an  unnecessary  consumption  of  the  time  of 
the  Convention,  and  as  there  was  no  rule  requiring  its  observ 
ance,  it  would,  if  no  objections  were  made,  be  dispensed  with 
for  the  future. 

Messrs.  John  Lipscomb,  of  Abbeville,  and  J.  T.  Whitefield, 
of  Pendleton,  appeared  and  took  their  seats. 

The  President  then  announced  the  names  of  Gen.  James 
Hamilton,  Jun.,  and  Samuel  B.  Wilkins,  Esq.  as  completing  the 
Select  Committee  of  twenty-one  ;  these  names  being  substituted 
for  those  of  his  Excellency  R.  Y.  Hayne,  now  President  of  the 
Convention,  and  of  the  Hon.  Henry  Middleton,  absent,  who, 
with  the  gentlemen  named  yesterday,  constituted  the  select  Com 
mittee  of  the  Convention,  at  its  late  session. 

Judge  Colcock,  on  the  part  of  the  Committee,  stated  that 
they  were  unable  to  report  to-day,  and  obtained  leave  to  sit 
again. 

On  motion  of  Gen.  Hamilton,  the  following  Resolution  was 
adopted,  to  wit : 
44 


338 

"Resolved,  That  a  Committee  of  Accounts,  to  consist  of  three 
members,  be  raised,  for  the  purpose  of  examining  and  reporting 
on  the  Accounts  of  this  Convention,  and  what  balance  may 
stand  to  its  credit  in  the  Treasury,  and  what  further  sum  may  be 
necessary  for  defraying  the  expenses  of  its  present  session." 

Messrs.  Simons,  Bauskett,  and  Chesnut,  were  appointed  the 
Committee. 

Mr.  Turnbull  moved  that,  until  otherwise  ordered,  the  Con 
vention  should  adjourn  from  day  to  day  to  meet  at  twelve 
o'clock,  meridian,  which  being  agreed  to,  he  moved  that  the 
Convention  do  now  adjourn  ;  which  being  likewise  concurred 
in,  the  Convention  adjourned  accordingly. 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention. 


WEDNESDAY,  March  13,  1S33. 

The  Convention  met  pursuant  to  adjournment,  at  meridian  to 
day.  The  proceedings  were  opened  by  a  prayer  from  the  Rev. 
Mr.  Wafford,  and  the  Journal  of  yesterday  read. 

Messrs.  A.  Bowie  and  A.  Burt,  of  Abbeville,  M.  Jacobs,  of  St. 
Helena,  and  Peter  Vaught,  of  All  Saints,  appeared  and  took 
their  seats. 

The  Hon.  C.  J.  Colcock,  from  the  Select  Committee  of  twen 
ty-one,  reported  to  the  Convention  an  Ordinance  and  an  ac 
companying  Report,  on  the  subject  of  the  Act  of  the  late  Con 
gress  of  the  United  States,  entitled  "  An  Act  to  modify  the  Act 
of  the  14th  July,  1832,  and  all  other  Acts  imposing  duties  on 
imports." 

On  motion  of  Mr.  Wilson,  these  were  ordered  to  be  printed; 
and,  on  motion  of  Judge  Colcock,  made  the  order  of  the  day 
for  to-morrow. 

Mr.  Wilson,  after  a  few  explanatory  remarks,  introduced  the 
following  Resolution,  to  wit : 

"  Resolved,  That  a  Committee  be  appointed  to  wait  on  our 


339 

Senators  and  Representatives  lately  in  Congress,  and  now  in  the 
Town  of  Columbia,  requesting  them  to  give  us  genuine  infor 
mation  relative  to  the  late  proceedings  of  the  Federal  Govern 
ment  towards  South  Carolina,  in  consequence  of  the  Ordinance 
of  Nullification,  passed  by  the  people  of  this  State,  in  Conven 
tion  in  November  last;  and  that  the  Committee  report  what 
arrangements  may  be  made  as  to  the  manner  and  time  of  giving 
the  information  desired." 

On  motion  of  Judge  Colcock,  this  Resolution  was  ordered  to 
lie  on  the  table.  After  a  short  interval,  Mr.  Wilson' moved  to 
take  it  up  for  immediate  consideration.  Cen.  Hamilton  moved 
to  postpone  it  until  to-morrow.  After  some  slight  debate,  the 
vote  was  taken  on  the  question  of  postponement,  and  the  motion 
failed — Ayes,  66 — Noes,  69.  The  Resolution  was  then  adopt 
ed,  and  Mr.  Wilson,  Gen.  Hamilton,  and  Chancellor  Johnston, 
were  appointed  the  Committee. 

Mr.  Wilson  then  introduced  the  following  Resolutions,  to  wit : 

"  Whereas,  A  Convention  of  the  People  of  the  State  has  been 
called,  to  place  the  State  of  South  Carolina  upon  its  Sovereign 
ty,  and  to  consider  of,  and  do  such  acts  as  may,  in  the  opinion 
of  this  Convention,  serve  more  effectually  to  perpetuate  the 
same  ;  and,  whereas,  protection  and  allegiance  are  reciprocal 
duties,  and  a  fundamental  principle  of  all  Governments ;  be  it, 
therefore," 

"  Resolved,  That  it  is  expedient  and  proper,  that  the  Consti 
tution  of  this  State,  be  so  altered  and  amended,  as  to  require 
every  Elector,  who  may  claim  to  exercise  the  elective  franchise, 
in  addition  to  the  oath  of  qualification  now  prescribed,  to  take 
an  oath  of  allegiance  to  the  State  of  South  Carolina;  and  upon 
the  refusal  of  any  Elector  to  take  such  oath,  the  Managers  of 
Elections  shall  not  be  permitted  to  receive  his  vote." 

"  Resolved,  That  it  is  expedient  and  proper,  that  all  officers 
hereafter  to  be  elected  to  any  office  of  honor,  profit  or  trust, 
civil  or  military,  be  required  to  take  an  oath  of  paramount  alle 
giance  to  the  State  of  South  Carolina." 

These  Resolutions  having  been  laid  before  the  Convention, 
by  the  President,  Mr.  Turnbull  stated  that  the  Committee  of 
twenty-one,  already  had  the  subjects  to  which  they  related,  un 
der  consideration ;  whereupon  Mr.  Wilson  moved  that  they 


340 

should  be  referred  to  that  Committee,  which  was  agreed  to. 
Gen.  Hamilton  then  moved  that  the  gentleman  who  offered 
these  Resolutions,  should  be  added  to  the  Committee,  which 
being  agreed  to,  the  Hon.  John  L.  Wilson  was  added  to  the 
Select  Committee  of  twenty-one. 

Gen.  Earle  then  moved  to  adjourn,  but  withdrew  the  motion, 
in  order  that  an  earlier  hour  than  the  regular  time  of  meeting 
might  be  fixed  on  for  that  purpose.  On  motion  of  Col.  Elmore, 
it  was  ordered  that  when  the  Convention  adjourned,  it  should 
adjourn  £to  meet  at  11  o'clock,  A.  M,  to-morrow.  Gen.  Earle 
renewed  his  motion  for  immediate  adjournment,  which  having 
been  carried,  the  Convention  adjourned  accordingly. 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention, 


THURSDAY,  March  14,  1833. 

The  Convention  met  to-day  at  11  o'clock,  A.  M.,  pursuant  to 
adjournment.  The  proceedings  were  opened  with  a  prayer  by 
the  Rev.  Mr.  Keeney,  and  the  Journal  of  yesterday  read. 

Judge  Colcock,  on  the  part  of  the  Select  Committee  of  twen 
ty-one,  stated  that  they  were  not  prepared  to  make  a  further 
report  to-day,  and  obtained  leave  to  sit  again. 

The  following  Report  was  then  presented  by  Mr.  Wilson,  to 
wit : 

"  The  Committee  appointed  to  wait  upon  our  late  Members  and 
Senators  in  Congress  from  this  State,  now  in  Columbia,  re 
questing  them  to  give  such  genuine  information  as  they  may 
possess,  in  relation  to  the  Acts  of  the  Federal  Government, 
growing  out  of  the  late  Ordinance  of  Nullification,  by  the 
People  of  this  State,  in  Convention,  in  November  last,  have 
performed  the  duty  assigned  them,  and  beg  leave  respect 
fully  to 

REPORT : 

"  That  the  gentlemen    lately  composing  our  Delegation  in 


341 

Congress,  now  in  Columbia,  deem  it  unnecessary,  as  a  body,  to 
give  any  exposition  of  the  Acts  of  Congress  referred  to,  but  that 
the  views  of  those  who  are  members  of  this  Convention,  on  the 
subject,  will  be  submitted  to  the  Convention." 

"  J.  L.  WILSON,  Chairman." 

The  Report  was,  at  the  motion  of  Mr.  Wilson,  ordered  to  lie 
on  the  table. 

The  Convention  then  proceeded  to  the  consideration  of  the 
Ordinance,  which  had  been  made  the  order  of  the  day. 

Judge  Colcock  moved  that  the  Ordinance  should  be  amended, 
by  striking  out,  in  the  Preamble,  the  words,  "  as  amounts,  sub 
stantially,  to  an  ultimate  reduction  of  the  duties  to  the  Revenue 
standard,  and  that  no  higher  duties  shall  be  laid,  than  may  be 
necessary  to  defray  the  economical  expenditures  of  the  Govern 
ment,"  and  inserting  the  following,  to  wit :  "  as  will  ultimately 
reduce  them  to  the  Revenue  standard,  and  provides  that  no 
more  Revenue  shall  be  raised  than  may  be  necessary  to  defray 
the  economical  expenses  of  the  Government."  This  amendment 
was  adopted. 

Mr.  Wilson  moved  the  following  amendments,  which  were 
likewise  adopted,  to  wit : — that  after  the  word  "  Ordinance," 
should  be  inserted,  "  adopted  by  this  Convention,  on  the  24th 
day  of  November,  1832," — after  the  word  "passed,"  to  insert 
"  by  the  General  Assembly  of  this  State," — and  again,  after  the 
word  "  passed,"  occurring  the  second  time,  the  same  words,  to 
wit :  "  by  the  General  Assembly  of  this  State." 

After  some  discussion  upon  the  question  of  the  adoption  of 
the  Ordinance,  thus  amended,  in  which  the  Hon.  Stephen  D. 
Miller,  the  Hon.  R.  W.  Barnwell,  R.  Barnwell  Smith,  Esq., 
Gen.  Hamilton,  and  Col.  F.  H.  Elmore,  took  part,  Gen.  Hamil 
ton  moved  to  re-commit  the  Report  and  Ordinance  to  the  Com 
mittee  of  twenty-one.  Chancellor  Johnston  moved  that  the 
question  should  be  separately  taken  on  the  Report  and  Ordi 
nance.  The  President  stated  that,  as  the  Report  was  not  prop 
erly  before  the  Convention,  the  question  would  be  solely  on  the 
re-commitment  of  the  Ordinance.  Gen.  Hamilton  then  with 
drew  his  motion.  After  some  further  discussion,  as  to  the  adop 
tion  of  the  Ordinance,  Mr.  Bowie  moved  that  its  further  con- 


342 

sideration  should  be  postponed  until  to-morrow.  The  vote  by 
acclamation  leaving  the  President  in  doubt,  a  division  was  call 
ed  for,  and  the  Ayes  were  found  to  be  57 — the  Noes,  83.  The 
motion  was  consequently  lost.  Mr.  Butler  then  moved  to  ad 
journ,  which  was  also  lost.  On  motion,  a  recess  of  t\vo  hours 
was  taken  by  the  Convention. 


Four  o'clock,  P.  M. 

The  Convention  re-assembled.  Mr.  J.  Walter  Phillips  moved 
that  the  Preamble  to  the  Ordinance  should  be  stricken  out. 
This  elicited  a  debate,  in  which  Mr.  Wilson,  Mr.  Phillips,  Gen. 
Hamilton,  and  Mr.  Whitefield,  bore  a  part,  when  the  question 
being  taken,  the  motion  was  lost.  Judge  Colcock  then  moved 
that  the  further  consideration  of  the  Ordinance  should  be  post 
poned,  and  that  it  should  be  made  the  order  of  the  day  for  to 
morrow,  which  was  agreed  to. 

On  motion  of  Mr.  Butler,  the  Report  was  then  taken  up,  and 
ordered  to  be  re-committed  to  the  Committee  of  twenty-one. 
The  Convention  then  adjourned  until  10  o'clock  to-morrow. 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention. 


FRIDAY,  March  15,  1833. 

The  Convention  met  to-day  at  10  o'clock,  pursuant  to  adjourn 
ment.  After  a  prayer  from  the  Rev.  Mr.  English,  the  Journal  of 
yesterday  was  read. 

The  following  Resolution  was  submitted  by  Mr.  Wilson,  to 
wit : 

"  Resolved,  That  the  Librarian  receive  dollars,  for  his 

attendance  at  the  Legislative  Library,  during  the  last  and  pres 
ent  session  of  the  Convention  ;  and  the  President  of  the  Con 
vention  be  authorized  to  draw  his  warrant  for  the  same." 


343 

On  motion  of  Mr.  Wilson,  the  blank  was  filled  with  the  word 
"  sixty,"  and  the  Resolution  adopted. 

Judge  Colcock  presented  a  Resolution,  fixing  Monday  next, 
as  the  time  for  the  adjournment  of  the  present  session  of  the 
Convention,  which  was,  on  motion  of  Mr.  Spann,  laid  on  the 
table. 

Judge  Colcock  presented  the  Report,  which  was  yesterday 
re-committed  to  the  Committee  of  twenty-one. 

Judge  Harper,  on  the  part  of  the  same  Committee,  made  a 
further  report,  consisting  of  a  Report  and  Ordinance  in  relation 
to  the  Act  of  the  late  Congress,  entitled  "  an  Act  further  to  pro 
vide  for  the  collection  of  duties  on  imports." 

Gen.  Hamilton,  on  the  part  of  the  same  Committee,  made  a 
third  Report,  on  the  subject  of  the  mediation  of  Virginia. 

On  motion  of  Judge  Colcock,  the  two  last  Reports  were  or 
dered  to  be  printed,  and  made  the  order  of  the  day  for  to 
morrow. 

The  following  Resolution  was  then  introduced  by  Gen.  Ham 
ilton,  to  wit : 

"  Resolved,  That  whilst  this  Convention,  as  an  offering  to  the 
peace  and  harmony  of  this  Union,  in  a  just  regard  to  the  inter 
position  of  the  highly  patriotic  Commonwealth  of  Virginia,  and 
with  a  proper  deference  to  the  united  vote  of  the  whole  South 
ern  States,  in  favour  of  the  recent  accommodation  of  the  Tariff, 
has  made  the  late  modification  of  the  Tariff,  approved  by  Act  of 
Congress,  of  the  2d  March,  1833,  the  basis  of  the  repeal  of  her 
Ordinance  of  the  24th  November,  1832 — yet  this  Convention 
owes  it  to  itself,  to  the  people  they  represent,  and  the  posterity 
of  that  people,  to  declare  that  they  do  not,  by  reason  of  said  re 
peal,  acquiesce  in  the  principle  of  the  substantive  power  exist 
ing  on  the  part  of  Congress,  to  protect  domestic  manufactures  : 
and  hence,  on  the  final  adjustment,  in  1842,  of  the  reductions, 
under  the  Act  of  2d  March,  1833,  or  at  any  previous  period, 
should  odious  discriminations  be  instituted  for  the  purpose  of 
continuing  in  force  the  protective  principle,  South  Carolina  will 
feel  herself  free  to  resist  such  a  violation  of  what  she  conceives 
to  be  the  good  faith  of  the  Act  of  the  2nd  March,  1833,  by  the 
interposition  of  her  sovereignty,  or  in  any  other  mode  she  may 
deem  proper." 


344 

This  resolution  was  also  ordered  to  be  printed,  and  made  the 
special  order  of  the  day  for  tomorrow.  R.  Barnwell  Smith,  Esq. 
moved  to  append  to  it  the  following  resolution,  which  was  or 
dered  accordingly,  to  wit : 

"  Resolved,  That  it  is  the  opinion  of  this  Convention,  that  the 
military  preparations  heretofore  begun  by  the  State,  should  be 
continued,  and  that  effectual  measures  should  be  adopted  and 
completed,  for  putting  the  State  in  a  firm  attitude  of  defence." 

The  Ordinance,  which  was  made  the  order  of  the  day,  was 
then  taken  up  for  consideration. 

On  motion  of  Chancellor  Johnston,  it  was  agreed  to  re-con 
sider  the  question  as  to  the  adoption  of  the  Preamble  to  the 
Ordinance.  Mr.  J.  Walter  Phillips  moved  to  strike  it  out.  This 
was  opposed  by  Mr.  Turnbull,  advocated  by  Mr.  Phillips  and 
Judge  Richardson,  and  opposed  by  Mr.  McDuffie,  in  reply. 

Mr.  Turnbull  then  moved  to  amend  the  Preamble,  by  substi 
tuting  the  words,  "  provided  for,"  for  the  word  "  made,"  which 
was  agreed  to.  The  Ayes  and  Noes  were  then  taken  on  strik 
ing  out  the  Preamble,  and  were  as  follows  : 

AYES — Messrs.  Brockman,  Crooke,  Chesnut,  Cannon,  Clinton, 
R.  Ervin,  J.  P.  Evans,  Gibson,  Cause,  Gill,  James,  Lancaster, 
McCord,  O'Neale,  P.  Phillips,  J.  W.  Phillips,  Perry,  J.  S.  Rich 
ardson,  Sistrunk,  Whitten,  Wilkins. — 21. 

NOES — Robert  Y.  Hayne,  President,  B.  Adams,  J.  Adams, 
Ayer,  J.  Anderson,  R.  Anderson,  Arnold,  Baker,  Ball,  Bee, 
Boone,  Barnwell,  Brad  well,  Blewett,  Butler,  John  G.  Brown,  J. 
G.  Brown,  Bauskett,  A.  Burt,  F.  Burt,  Barton,  Bowie,  Black, 
Belin,  Cohen,  Cordes,  T.  H.  Colcock,  C.  J.  Colcock,  Capers, 
Clifton,  Caughman,  Counts,  Chambers,  Campbell,  Cureton, 
Coggeshall,  Dubose,  Dawson,  J.  Douglas,  G.  Douglas,  Elmore, 
Earle,  J.  R.  Ervin,  W.  Evans,  Felder,  Fuller,  T.  L.  Gourdin, 
P.  G.  Gourdin,  Goodwyn,  Gailliard,  Griffin,  Glenn,  Gregg,  J. 
Hamilton,  Jr.,  Heyward,  Harper,  Harrison,  Hatton,  Harllee, 
Huguenin,  1'On,  Jeter,  Johnston,  Jacobs,  Key,  Keith,  King, 
Levy,  Lowry,  Lacoste,  Legare,  Lawton,  Long,  Lipscomb,  Lo 
gan,  Littlejohn,  Magrath,  Maner,  Murray,  Mills,  McCall,  Means, 
Mays,  McDuffie,  Moore,  J.  L.  Miller,  S.  D.  Miller,  J.  B.  Miller, 
Nowell,  O'Bannon,  Parker,  Porcher,  Palmer,  C.  C.  Pinckney, 


345 


W.  C.  Pinckney,  T.  Pinckney,  Quash,  Rivers,  Rowe,  Rogers, 
Ray,  J.  G.  Spann,  J.  Spann,  Simons,  Shand,  J.  M.  Smith,  G. 
H.  Smith,  W.  Smith,  S.  Smith,  R.  B.  Smith,  Stringfellow,  Scott, 
Symmes,  Sims,  Shannon,  Singleton,  Stevens,  Turnbull,  Tyler, 
Tidyman,  Ulmer,  Vaught,  Vanderhorst,  Wilson,  Walker,  Wil 
liams,  Woodward,  Williamson,  Wardlaw,  Whatley,  Whitefield, 
Watt,  Waties,  Ware,  Warren,  Young.— 136. 

The  question  was  then   put  as  to  the  adoption  of  the  Ordi 
nance,  and  the  Ayes  and  Noes  being  taken,  were  as  follows  : 

AYES— Robert  Y.  Hayne,  President,  B.  Adams,  J.  Adams, 
Ayer,  J,  Anderson,  R.  Anderson,  Arnold,  Baker,  Ball,  Bee, 
Boone,  Barnwell,  Bradwell,  Blewett,  Butler,  John  G.  Brown, 
J.  G.  Brown,  Bauskett,  A.  Burt,  F.  Burt,  Barton,  Brockman, 
Bowie,  Black,  Belin,  Cohen,  Cordes,  T.  H.  Colcock,  C.  J.  Col- 
cock,  Capers,  Clifton,  Caughman,  Counts,  Crooke,  Chambers, 
Campbell,  Cureton,  Chesnut,  Cannon,  Clinton,  Coggeshall,  Du- 
bose,  Dawson,  J.  Douglas,  G.  Douglas,  Elmore,  Earle,  J.  R. 
Ervin,R.  Ervin,  W.  Evans,  J.  P.  Evans,  Fuller,  T.  L.  Gourdin, 
P.  G.  Gourdin,  Gailliard,  Griffin,  Glenn,  Gibson,  Gregg,  Gause, 
Gill,  J.  Hamilton,  Jr.,  Heyward,  Harper,  Harrison,  Hatton, 
Harllee,  Huguenin,  POn,  Jeter,  Johnston,  James,  Jacobs,  Keith, 
Key,  King,  Levy,  Lowry,  Lacoste,  Legare,  Lawton,  Long,  Lips- 
comb,  Logan,  Littlejohn,  Lancaster,  Magrath,  Maner,  Murray, 
Mills,  McCall,  Means,  Mays,  McDuffie,  Moore,  J.  L.  Miller,  S. 
D.  Miller,  J.  B.  Miller,  Nowell,  O'Neale,  O'Bannon,  P.  Phillips, 
Parker,  Porcher,  Palmer,  Perry,  C.  C.  Pinckney,  W.  C.  Pinck 
ney,  T.  Pinckney,  Quash,  J.  S.  Richardson,  Rivers,  Rowe, 
Rogers,  Ray,  J.  G.  Spann,  J.  Spann,  Simons,  Shand,  S.  Smith, 
J.  M.  Smith,  G.  H.  Smith,  W.  Smith,  R.  B.  Smith,  Stringfellow, 
Scott,  Symmes,  Sims,  Shannon,  Singleton,  Stevens,  Sistrunk, 
Turnbull,  Tyler,  Tidyman,  Ulmer,  Vaught,  Vanderhorst,  Wilson, 
Walker,  Williams,  Woodward,  Williamson,  Wardlaw,  Whatley, 
Whitefield,  Whitten,  Watt,  Waties,  Wilkins,  Ware,  Warren, 
Young. — 153. 

NOES— Felder,  Goodwyn,  McCord,  J.  W.  Phillips.— 4. 
Absent— 11. 

Messrs.  Whitten,  Perry,  Lipscomb,  and  J.  R.  Ervin,  obtained 
45 


346 

leave  to  be  absent  from  the  Convention,  during  the  remainder 
of  the  session. 

A  motion  was  now  made  to  adjourn,  but  having  been  lost,  the 
Report  accompanying  the  Ordinance  just  adopted,  was  taken  up 
for  consideration.  The  Report  was  read  by  the  President,  and 
the  question  put  as  to  agreeing  to  the  amendment  reported  by 
the  Committee,  recommending  to  strike  out  the  words  "  and 
triumph,"  from  the  phrase  "  cause  for  congratulation  and  tri 
umph,"  which  passed  in  the  affirmative. 

A  verbal  amendment  was  moved  by  Col.  Bauskett,  and 
agreed  to. 

Mr.  R.  Barnwell  Smith  moved  to  lay  the  Report  on  the  table, 
but  withdrew  the  motion  to  give  an  opportunity  for  discussion. 
In  this,  the  Hon.  S.  D.  Miller,  Judge  Colcock,  Mr.  Smith,  and 
Gen.  Hamilton,  took  part.  The  question  was  then  put,  on  the 
motion  to  lay  the  Report  on  the  table,  and  the  motion  lost. 
The  vote  being  taken  on  the  adoption  of  the  Report,  it  was 
adopted  by  the  Convention. 

It  was  then  moved  by  Gen.  Hamilton,  to  take  up  for  consid 
eration  the  Resolution  fixing  the  time  of  adjournment.  This 
elicited  some  debate,  when  Mr.  Miller  moved  to  adjourn  until 
to-morrow,  at  ten  o'clock,  which  having  been  agreed  to,  the 
Convention  adjourned  accordingly. 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention. 


SATURDAY,  March  16,  1833. 

The  Convention  met  at  ten  o'clock,  A.  M.,  pursuant  to  ad 
journment.  The  proceedings  were  opened  with  a  prayer  by  the 
Rev.  Mr.  Jackson,  and  the  Journal  of  yesterday  read.  The 
following  Report  was  presented  by  the  Hon.  J.  L.  Wilson,  to 
wit : 

"  The  Engrossing  Committee,  to  which  was  referred  the  Or 
dinance  passed  yesterday,  in  Convention,  for  rescinding  the 


347 

Ordinance  of  Nullification,  adopted  on  the  24th  of  November 
last,  beg  leave  to  report  the  same  as  engrossed,  and  suggest  the 
propriety  of  the  same  order  of  signature  as  was  observed  in  the 
Ordinance  of  Nullification. 

JOHN  L.  WILSON,   Chairman:'1 

On  motion  of  Mr.  Miller,  it  was  ordered  that  the  ratification 
should  be  according  to  the  usual  parliamentary  form,  viz  :  by 
the  signatures,  merely,  of  the  President  and  Clerk.  The  Ordi 
nance  as  engrossed,  after  having  been  read  by  the  Chair,  was 
so  ratified,  in  the  presence  of  the  Convention. 

A  recess  was  then  taken  until  twelve  o'clock,  M. 

The  Ordinance  as  ratified,  and  the  accompanying  Report,  as 
adopted  by  the  Convention,  are  as  follows,  to  wit : 


REPORT. 


The  Committee,  to  whom  was  referred  the  communication  of 
the  Hon.  B.  W.  Leigh,  Commissioner  from  the  State  of  Vir 
ginia,  and  all  other  matters  connected  with  the  subject,  and 
the  course  which  should  be  pursued  by  the  Convention,  at 
the  present  important  crisis  of  our  political  affairs,  beg  leave  to 

REPORT: 

(IN  PART,) 

That  they  have  had  under  consideration,  the  Act  passed  at 
the  late  session  of  Congress,  to  modify  the  "Act  of  the  14th 
July,  1832,  and  all  other  Acts  imposing  duties  upon  imports ;" 
and  have  duly  deliberated  on  the  course  which  it  becomes  the 
people  of  South  Carolina  to  pursue  at  this  interesting  crisis  in 
her  political  affairs.  It  is  now  upwards  of  ten  years  since  the 
people  and  constituted  authorities  of  this  State,  took  ground 
against  the  Protecting  System,  as  "  unconstitutional,  oppressive 
and  unjust,"  and  solemnly  declared,  in  language  which  was  then 
cordially  responded  to  by  the  other  Southern  States,  that  it 
never  could  be  submitted  to  "  as  the  settled  policy  of  the  coun- 


348 

try."  After  remonstrating  for  years  against  this  system  in  vain, 
and  making  every  possible  effort  to  produce  a  redress  of  the 
grievance,  by  invoking  the  protection  of  the  Constitution,  and 
by  appealing  to  the  justice  of  our  brethren,  we  saw,  during  the 
session  of  Congress  which  ended  in  July  last,  a  modification 
effected,  avowedly  as  the  final  adjustment  of  the  Tariff,  to  take 
effect  after  the  complete  extinguishment  of  the  Public  Debt,  by 
which  the  Protecting  System  could  only  be  considered  as  riveted 
upon  the  country  forever.  Believing  that  under  these  circum 
stances,  there  was  no  hope  of  any  further  reduction  of  the  du 
ties,  from  the  ordinary  action  of  the  Federal  Government,  and 
convinced,  that  under  the  operation  of  this  system,  the  labor 
and  capital  of  the  plantation  States  must  be  forever  tributary  to 
the  manufacturing  States,  and  that  we  should  in  effect,  be  re 
duced  to  a  condition  of  colonial  vassalage,  South  Carolina  felt 
herself  constrained,  by  a  just  regard  for  her  own  rights  and  in 
terests,  by  her  love  of  liberty  and  her  devotion  to  the  Constitu 
tion,  to  interpose  in  her  sovereign  capacity,  for  the  purpose  of 
arresting  the  progress  of  the  evil,  and  maintaining,  within  her 
own  limits,  the  authorities,  rights  and  liberties,  appertaining  to 
her  as  a  sovereign  State.  Ardently  attached  to  the  union  of 
the  States,  the  people  of  South  Carolina  were  still  more  devoted 
to  the  rights  of  the  States,  without  which  the  Union  itself  would 
cease  to  be  a  blessing  ;  and  well  convinced  that  the  regulation 
of  the  whole  labor  and  capital  of  this  vast  Confederacy  by  a 
great  central  Government,  must  lead  inevitably  to  the  total 
destruction  of  our  free  institutions,  they  did  not  hesitate  to  throw 
themselves  fearlessly  into  the  breach,  to  arrest  the  torrent  of 
usurpation  which  was  sweeping  before  it  all  that  was  truly  val 
uable  in  our  political  system. 

The  effect  of  this  interposition,  if  it  has  not  equalled  our 
wishes,  has  been  beyond  what  existing  circumstances  would 
have  authorized  us  to  expect.  The  spectacle  of  a  single  State, 
unaided  and  alone,  standing  up  ior  her  rights, — influenced  by 
no  other  motive  than  a  sincere  desire  to  maintain  the  public 
liberty,  and  bring  about  a  salutary  reform  in  the  administration 
of  the  Government,  has  roused  the  attention  of  the  whole  coun 
try,  and  has  caused  many  to  pause  and  reflect,  who  have  here 
tofore  seemed  madly  bent  on  the  consummation  of  a  scheme  of 


349 

policy  absolutely  fatal  to  the  liberty  of  the  people,  and  the  pros 
perity  of  a  large  portion  of  the  Union.  Though  reviled  and 
slandered  by  those  whose  pecuniary  or  political  interests  stood 
in  the  way  of  a  satisfactory  adjustment  of  the  controversy — de 
serted  by  many  to  whom  she  had  a  right  to  look  for  succor  and 
support,  and  threatened  with  violence  from  abroad,  and  convul 
sions  within,  South  Carolina,  conscious  of  the  rectitude  of  her 
intentions,  and  the  justice  of  her  cause,  has  stood  unmoved ; 
firmly  resolved  to  maintain  her  liberties,  or  perish  in  the  con 
flict.  The  result  has  been  a  beneficial  modification  of  the  Ta 
riff  of  1832,  even  before  the  time  appointed  for  that  Act  to  go 
into  effect,  and  within  a  few  months  after  its  enactment;  ac 
companied  by  a  provision  for  a  gradual  reduction  of  the  duties 
to  the  revenue  standard.  Though  the  reduction  provided  for 
by  the  Bill  which  has  just  passed,  is,  neither  in  its  amount,  nor 
the  time  when  it  is  to  go  into  effect,  such  as  the  South  had  a 
right  to  require,  yet  such  an  approach  has  been  made  towards 
the  true  principles  on  which  the  duties  on  imports  ought  to  be 
adjusted  under  our  system,  that  the  people  of  South  Carolina 
are  willing  so  far  to  yield  to  the  measure,  as  to  agree  that  their 
Ordinance  shall  henceforth  be  considered  as  having  no  force  or 
effect.  Unequal  and  oppressive  as  the  system  of  raising  revenue 
by  duties  upon  imports,  must  be  upon  the  agricultural  States, 
which  furnish  more  than  two  thirds  of  the  domestic  exports  of 
the  United  States,  yet  South  Carolina  always  has  been,  and  sti1! 
is  willing  to  make  large  sacrifices  to  the  peace  and  harmony  of 
the  Union.  Though  she  believes  that  the  Protecting  System  is 
founded  in  the  assumption  of  powers  not  granted  by  the  Con 
stitution  of  the  Federal  Government,  yet  she  has  never  insisted 
on  such  an  immediate  reduction  of  the  duties  as  should  involve 
the  manufacturers  in  ruin.  That  a  reduction  to  the  lowest 
amount  necessary  to  supply  the  wants  of  the  Government,  might 
be  safely  effected  in  four  or  five  years,  cannot,  in  our  estima 
tion,  admit  of  a  reasonable  doubt;  still,  in  a  great  struggle  for 
principles,  South  Carolina  would  disdain  to  cavil  about  a  small 
amount  of  duties,  and  a  few  years  more  or  less  in  effecting  the 
adjustment,  provided  only  she  can  secure  substantial  justice, 
and  obtain  a  distinct  recognition  of  the  principles  for  which  she 
has  so  long  contended.  Among  the  provisions  of  the  new  Bill, 


350 

which  recommend  it  to  our  acceptance,  are  the  establishment 
of  a  system  of  ad  valorem  duties,  and  the  entire  abandonment 
of  the  specific  duties,  and  the  minimums  ;  tyrannical  provisions, 
by  which  duties  rated  nominally  at  25  per  cent,  were,  in  many 
cases,  raised   to  upwards  of  100  per  cent ;  and  by  which  the 
coarse  and  cheap  articles,  used  by  the   poor,  were  taxed  much 
higher  than  the  expensive  articles  used  by  the  rich  ;  a  regula 
tion  against  which  we  have  constantly  protested  in   the  most 
earnest  terms,  as  unjust  and  odious.     The  reduction  before  the 
expiration  of  the  present  year,  of  one  tenth  part  of  the  excess 
of  the  duties  over  20  per  cent.,  on  all  articles   "  exceeding  20 
per  cent,  on  the  value  thereof,"   (embracing  the  entire  mass  of 
the  protected  articles,)  and  a  gradual  reduction  thereafter,  on 
such  articles,  down  to  20  per  cent.,  (the  duties  upon  which,  un 
der  the  Tariff  of  1832,  range   from  30  to   upwards  of  100  per 
cent.,  and  average  upwards  of  50  per  cent.,)  are  great  and  man 
ifest  ameliorations  of  the  system,  to  the  benefits  of  which  we 
cannot  be  insensible.     But  great  as  must  be  the  advantages  of 
these  reductions,  they  are  small  in  comparison  with  the  distinct 
recognition,  in  the  new  Bill,   of  two  great  principles  which  we 
deem  of  inestimable  value — that  the  duties  shall  be  eventually 
brought  down  to  the  revenue  standard,  even  if  it  should  be  found 
necessary  to  reduce  the  duties  on  the  protected  articles  below 
20  per  cent.,  and  that  no  more  money  shall  be  raised  than  shall 
be  necessary  to  an  economical  administration  of  the  Govern 
ment. 

These  provisions  embody  great  principles  in  reference  to  this 
subject,  for  which  South  Carolina  has  long  and  earnestly  con 
tended  ;  and  if  the  pledge  therein  contained  shall  be  fulfilled  in 
good  faith,  they  must  in  their  operation,  arrest  the  abuses  which 
have  grown  out  of  the  unauthorized  appropriations  of  the  public 
money.  We  should  consider  the  reduction  of  the  revenue  to 
the  amonnt  "  necessary  to  the  economical  administration  of  the 
government,"  as  one  of  the  happiest  reforms  which  could  possi 
bly  take  place  in  the  practical  operation  of  our  system  ;  as  it 
would  arrest  the  progress  of  corruption,  limit  the  exercise  of 
Executive  patronage  and  power,  restore  the  independence  of  the 
States,  and  put  an  end  to  all  these  questions  of  disputed  power, 
against  which  we  have  constantly  protested.  It  is  this  aspect 


351 

of  the  question  which  has  reconciled  us  to  the  provisions  of  the 
new  Bill,  (certainly  not  free  from  objections)  which  provide  for 
the  introduction  of  linens,  silks,  worsted,  and  a  number  of  other 
articles,  free  of  duty.  The  reduction  of  revenue  which  will 
thereby  be  effected,  and  the  beneficial  influence  of  a  free  trade, 
in  several  of  these  articles  which  are  almost  exclusively  pur 
chased  by  the  agricultural  staples  of  the  Southern  States,  and 
which  will  furnish  an  advantageous  exchange  for  these  produc 
tions,  to  the  amount  of  several  millions  of  dollars  annually,  are 
considerations  not  to  be  overlooked.  Nor  can  we  be  insensible 
to  the  benefit  to  be  derived  from  the  united  efforts  of  the  whole 
South,  aided  by  other  States  having  interests  identified  with  our 
own,  in  bringing  about  the  late  adjustment  of  the  Tariff;  prom 
ising,  we  trust,  for  the  future,  that  union  of  sentiment,  and  con 
cert  in  action,  which  are  necessary  to  secure  the  rights  and 
interests  of  the  Southern  States.  On  the  whole,  in  whatever 
aspect  the  question  is  contemplated,  your  Committee  find,  in 
the  late  modification  of  the  Tariff,  cause  for  congratulation.  If 
we  have  not  yet  succeeded  in  the  complete  establishment  of  the 
great  principles  of  free  trade  and  constitutional  liberty,  such 
progress  has  been  made  towards  the  accomplishment  of  the  for 
mer,  as  must  serve  to  re-kindle  our  hopes,  and  to  excite  us  to 
fresh  exertions  in  the  glorious  work  of  reform  in  which  we  are 
engaged.  Influenced  by  these  views,  the  Committee  is  satisfied 
that  it  would  not  comport  with  the  liberal  feelings  of  the  people 
of  South  Carolina,  nor  be  consistent  with  the  sincere  desire  by 
which  they  have  always  been  animated,  not  only  to  live  in  har 
mony  with  their  brethren,  but  to  preserve  the  Union  of  the 
States,  could  they  hesitate  under  existing  circumstances,  in 
recommending  that  the  Ordinance  of  Nullification,  and  the  acts 
of  the  Legislature  consequent  thereon,  be  henceforth  held  and 
deemed  of  no  force  and  effect.  And  they  recommend  the  fol 
lowing  Ordinance. 


352 


AN  ORDINANCE. 

Whereas,  the  Congress  of  the  United  States,  by  an  Act  re 
cently  passed,  has  provided  for  such  a  reduction  and  modifica 
tion  of  the  duties  upon  foreign  imports,  as  will  ultimately  reduce 
them  to  the  Revenue  Standard — and  provides  that  no  more  Rev 
enue  shall  be  raised  than  may  be  necessary  to  defray  the  eco 
nomical  expenses  of  the  Government. 

It  is,  therefore,  Ordained  and  Declared,  That  the  Ordinance 
adopted  by  this  Convention  on  the  24th  day  of  November  last, 
entitled  "  An  Ordinance  to  Nullify  certain  acts  of  the  Congress 
of  the  United  States,  purporting  to  be  laws,  laying  duties  on  the 
importation  of  foreign  commodities,"  and  all  acts  passed  by  the 
General  Assembly  of  this  State,  in  pursuance  thereof,  be  hence- 
forlh  deemed  and  held  to  have  no  force  or  effect  :  Provided, 
That  the  Act  entitled  "An  Act  further  to  alter  and  amend  the 
Militia  laws  of  this  State,"  passed  by  the  General  Assembly  of 
this  State  on  the  20th  day  of  December,  1832,  shall  remain  in 
force,  until  it  shall  be  repealed  or  modified  by  the  Legislature. 

Done  at  Columbia,  the  fifteenth  day  of  March,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  thirty-three,  and  in 
the  fifty-seventh  year  of  the  Sovereignty  and  Independence  of 
the  United  States  of  America. 

ROBERT  Y.  HAYNE,  Del-  ) 

egate  from  the  Parishes  of  \  President  of  the  Convention. 
St.  Philip  and  St.  Michael,  ) 

ISAAC  W.  HAYNE,   Clerk. 


353 

Twelve  o'clock,  M. 

The  Convention  re-assembled.  Mr.  S.  L.  Simons,  from  the 
Committee  on  Accounts,  presented  the  following  Report,  to  wit : 

"  The  Committee  on  Accounts,  to  whom  was  referred  a  Resolu 
tion,  instructing  them  to  examine  and  Report  on  the  Accounts 
of  this  Convention,  and  what  balance  may  stand  to  its  credit 
in  the  Treasury,  and  what  further  sum  may  be  necessary  for 
defraying  the  expenses  of  its  present  session,  beg  leave  to 

REPORT: 

"  That  they  have  carefully  examined  all  the  accounts  which 
were  contracted  under  the  orders  of  the  Convention,  together 
with  the  pay  roll  of  its  Members  and  Officers,  and  find  them  cor 
rect  in  every  particular.  Of  the  sum  often  thousand  dollars  ap 
propriated  by  the  Legislature  for  the  use  of  the  Convention,  eight 
thousand,  three  hundred  and  eighty-five  dollars  53-100,  have 
been  disbursed  ;  and  a  balance  of  one  thousand  six  hundred  and 
fourteen  dollars  47-100,  remain  to  its  credit  in  the  Treasury. 
Taking  the  expenditures  of  the  former  as  a  guide  for  the  wants 
of  the  present  session,  your  Committee  would  respectfully  re 
commend  the  adoption  of  the  following  resolution  : 

"  Resolved,  That  the  President  of  this  Convention  be  author 
ized  to  issue  his  warrants  on  the  Treasury,  to  the  amount  of  ten 
thousand  dollars,  for  the  purpose  of  defraying  the  expenses  of 
the  present  session,  if  so  much  be  necessary. 

S.  L.  SIMONS,   Chairman." 

This  Resolution  was  adopted  by  the  Convention. 

On  motion  of  Mr.  Spann,  a  Resolution  was  passed,  inviting  to 
a  seat  within  the  bar  of  the  Convention,  the  Hon.  Dixon  H.  Lewis, 
a  Representative  in  Congress  from  the  State  of  Alabama,  now  in 
Columbia. 

The  Report  and  Ordinance  on  the  Force  Bill,  which  had  been 

made  the  order  of  the  day,  were  then  taken  up.     The  Ordinance 

was  announced  by  the  President  to  be  first  in  order.     The  Hon. 

R.  W.  Barnwell  moved  to  strike  out  so  much  of  the  Ordinance  as 

46 


354 

relates  to  the  requisition  of  an  oath  of  allegiance.  The  follow 
ing  motions  to  amend  having  precedence,  were  first  put  and 
adopted,  to  wit :  that  the  words  "  or  appointed,"  should  be  add 
ed  after  the  word  "  elected  ;"  the  word  "  such"  be  inserted  after 
the  word  "  any,"  in  the  first  line  of  the  last  paragraph,  and  the 
words  "  heretofore  elected,  or  hereafter  to  be  elected,"  be  strick 
en  out. 

Mr.  BarnwelPs  motion  being  now  again  before  the  Conven 
tion,  on  motion,  it  was  ordered,  that  when  the  question  should 
be  taken,  it  should  be  by  Ayes  and  Noes.  A  discussion  arose, 
in  which  Judge  O'Neale,  Judge  Harper,  Mr.  Turnbull,  and  Mr. 
P.  Phillips,  took  part.  Mr.  Wilson  proposed  to  amend  the  Ordi 
nance,  by  striking  out,  after  the  words  "  We  further  ordain,"  and 
inserting  the  following,  to  wit :  "  That  no  person,  who  shall  be 
hereafter  elected  or  appointed,  or  who  has  heretofore  been  elect 
ed,  but  who  has  not  yet  taken  the  oaths  of  office  required  at  the 
time  of  his  election  or  appointment,  to  any  office,  civil  or  mili 
tary,  within  this  State,  (members  of  the  Legislature  excepted) 
shall  enter  on  the  execution  of  such  office,  or  be  in  any  respect 
competent  to  discharge  the  duties  thereof,  until  he  shall  have 
taken,  in  addition  to  the  oaths  of  office  now  required,  at  the 
same  time  and  in  the  same  manner,  that  such  oaths  are  required 
to  be  taken,  the  following  oath  of  allegiance. 

"  I  declare  myself  a  citizen  of  the  Free  and  Sovereign  State 
of  South  Carolina;  I  declare  that  my  allegiance  is  due  to  the 
said  State,  and  hereby  renounce  and  abjure  all  other  allegiance, 
incompatible  therewith  ;  and  I  will  be  true  and  faithful  to  the 
said  State,  so  long  as  I  continue  a  citizen  thereof:  So  help  me 
God. 

"And  it  is  farther  Ordained,  That  if  any  officer  heretofore 
elected,  shall  refuse  or  neglect  to  take  the  aforesaid  oath,  within 
the  time  that  other  oaths  of  office  are  required  by  law  to  be 
taken,  such  office  shall  be  considered  as  vacant,  and  the  Governor 
of  the  State  shall  proceed  (except  in  the  instance  of  Judges  of 
the  State)  to  fill  such  vacancy  by  appointing  an  officer,  to  serve 
until  another  officer  shall  be  elected  and  qualified." 

This  amendment  was  ordered  to  be  printed.  The  Convention 
then  took  a  recess  of  two  hours. 


355 

Six  o'clock,  P.  M. 

The  Convention  re-assembled.  Mr.  Barnwell  moved  to  lay 
the  Ordinance  upon  the  table,  and  to  take  up  the  Report  and 
Resolutions  relating  to  the  Virginia  Mediation,  which  was 
agreed  to.  Mr.  Perry  moved  that  the  question  should  be  taken 
separately  on  the  Report  and  Resolutions,  which  was  likewise 
agreed  to.  The  Resolutions,  being  first  in  order,  were  consid 
ered  and  unanimously  adopted,  and  were  ordered  to  be  so  enter 
ed  on  the  Journals.  The  Report  was  then  taken  up  and  adopted 
by  the  Convention. 

The  Report  and  Resolutions,  as  adopted,  are  as  follows  : 


REPORT, 

ON  THE  MEDIATION  OF    VIRGINIA 


The  Committee  to  whom  were  referred  the  Resolutions  of  the 
General  Assembly  of  Virginia,  and  the  communication  of  Mr. 
Leigh  to  the  Governor  of  the  State  of  South  Carolina,  beg 
leave  to 

REPORT: 

That,  although  circumstances  have  supervened,  since  the  in 
stitution  of  this  Commission  on  the  part  of  the  highly  respected 
Commonwealth  from  which  it  proceeds,  which  have  enabled  this 
Convention  to  accomplish  the  object,  which  her  Assembly  so 
anxiously  and  patriotically  had  in  view,  we  are  nevertheless  sen 
sible  of  the  friendly  dispositions  and  sympathy,  which  induced 
the  interposition  of  her  good  offices,  at  a  moment  when  South 
Carolina,  denounced  by  the  Executive  of  the  Federal  Govern 
ment,  and  threatened  with  the  extremity  of  its  vengeance,  stood 
absolutely  alone  in  the  contest  she  was  waging  for  the  rights  of 
the  States  and  the  Constitutional  liberties  of  the  Country. 

To  this  interference  and  these  friendly  dispositions,  South 
Carolina  desires  to  respond,  as  a  sister,  sovereign,  and  independ- 


356 

ent  Commonwealth,  in  a  tone  of  candor,  confidence  and  affec 
tion.  Appreciating  thus  sensibly,  both  the  motives  and  objects 
which  influenced  the  General  Assembly  of  Virginia,  to  despatch 
at  a  moment  so  interesting,  her  Commissioner  to  this  State, 
whose  mission,  even  if  the  recent  modification  of  the  Tariff  had 
not  been  adopted,  would  have  challenged  her  high  respect  and 
profound  consideration,  she  cannot  permit  the  occasion  thus  of 
fered,  to  pass,  without  making  a  few  declarations  which  she  re 
gards  as  due  to  herself  and  the  public  liberty  of  the  Country. 

In  the  first  place,  South  Carolina  desires  to  stand  acquitted, 
and  believes,  on  a  calm  and  dispassionate  reflection  by  her 
co-States,  she  must  stand  acquitted,  of  the  charge  of  having  act 
ed  with  any  undue  precipitation,  in  the  controversy  hitherto 
pending  with  the  General  Government.  For  ten  years  she  peti 
tioned,  protested  and  remonstrated,  against  that  system  of  unjust 
and  unconstitutional  Legislation,  which  had  equally  received 
the  reprobation  of  Virginia,  before  she  resorted  to  her  veto,  to 
forbid  its  enforcement  within  her  limits.  In  exercising  this  fac 
ulty  of  her  sovereignty,  she  believed  she  rested  on  those  doc 
trines  which,  in  1798  and  1799,  had  conferred  on  Virginia  and 
her  distinguished  statesmen  a  renown  so  unfading.  She  now 
refers  to  this  subject  in  no  invidious  spirit  of  controversy  :  but 
when  Virginia  asserted,  in  those  memorable  Resolutions  of  her 
General  Assembly,  "  that  she  viewed  the  powers  of  the  Federal 
Government  as  resulting  from  the  compact  to  which  the  States 
are  parties  ;  as  limited  by  the  plain  sense  and  intention  of  the  in 
strument  constituting  that  compact;  as  no  further  valid  than 
they  are  authorized  by  the  grants  enumerated  in  that  compact ; 
and  that,  in  case  of  a  deliberate,  palpable  and  dangerous  exercise 
of  other  powers,  not  granted  by  the  said  compact,  the  States, 
who  are  parties  thereto^  have  the  right,  and  are  in  duty  bound, 
to  interpose  for  arresting  the  progress  of  the  evil,  and  for  main 
taining  within  their  respective  limits  the  authorities,  rights  and 
liberties,  appertaining  to  them" — we  conceived  she  had  done 
nothing  more  or  less,  than  announce  the  remedy  which  South 
Carolina  has  resorted  to,  through  her  State  interposition.  It  is 
moreover  asserted,  in  the  Report  explanatory  of  those  Resolu 
tions,  that  this  right  is  a  Constitutional,  and  not  a  Revolutionary 
right ;  and  by  the  whole  context  of  the  powerful  argument  em- 


357 

braced  in  that  Report,  the  right  itself  stands  forth  as  separate 
and  independent  of  the  ordinary  remedies  of  procuring  a  redress 
for  the  ordinary  abuses  of  the  Federative  Government. 

When,  therefore,  the  General  Assembly  of  Virginia,  in  the 
recent  Resolutions,  borne  by  her  Commissioner,  which  your 
Committee  are  now  considering,  declares  "  that  she  does  not 
regard  the  Resolutions  of  1798,  and  '99,  as  sanctioning  the  pro 
ceedings  of  South  Carolina,  as  indicated  in  the  Ordinance  of  her 
Convention,"  with  all  proper  deference,  South  Carolina  must, 
nevertheless,  adhere,  with  an  honest  and  abiding  confidence,  to 
her  own  construction.  It  is  within  the  providence  of  God  that 
great  truths  should  be  independent  of  the  human  agents  that 
promulgate  them.  Once  announced,  they  become  the  subjects 
and  property  of  reason,  to  all  men  and  in  all  time  to  come.  Nor 
will  South  Carolina  feel  less  confidence  in  the  conservative  char 
acter  of  her  remedy,  which  she  believes  to  be  in  perfect  harmo 
ny  with  a  true  exposition  of  the  doctrines  of  the  Resolutions  of 
1798,  by  the  recent  testimony  afforded  of  its  efficacy,  in  a  pacific 
accommodation  of  the  late  controversy  with  the  Federal  Gov 
ernment,  although  that  Government  has  attempted  to  destroy 
the  authority  and  efficiency  of  this  remedy,  by  the  contemporary 
passage  of  an  act,  perpetrating  a  worse  and  more  aggravated 
outrage  on  the  Constitution,  which  has  again  demanded  the  in 
terposition  of  this  Convention. 

With  this  brief  justification  of  the  principles  of  South  Caro 
lina,  your  Committee  take  leave  of  the  subject ;  assuring  the 
ancient  and  distinguished  Commonwealth,  whose  mission  has 
been  borne,  by  her  Commissioner,  with  an  ability,  temper,  and 
affection,  entirely  corresponding  with  her  own  dispositions,  that 
in  the  struggles  for  liberty  and  right  which  we  apprehend  from 
the  antagonist  principles,  now  fearfully  at  work,  between  those 
who  support  a  limited  and  economical  system  of  Government, 
and  those  who  favor  a  consolidated  and  extravagant  one,  which 
the  States  in  a  minority  are  destined  to  wage,  she  will  find,  in 
South  Carolina,  a  faithful  and  devoted  ally,  in  accomplishing 
the  great  work  of  Freedom  and  Union.  If  she  cannot  say.  with 
Virginia,  that  consolidation  and  disunion  are  equivalent  evHs, 
because  she  believes,  with  their  own  Jefferson,  that  consolida 
tion  is  the  greatest  of  all  political  curses  to  which  our  Federa- 


358 

tive  form  of  Government  can  have  any  possible  tendency ;  she, 
nevertheless,  affirms,  and  challenges  the  production  of  any 
event  in  her  history  to  disprove  the  declaration,  that  she  is  devo 
ted  to  the  union  of  these  States,  on  the  very  terms  and  condi 
tions  of  that  compact  out  of  which  the  Union  had  its  origin  ;  and 
for  these  principles  she  is  prepared  to  peril,  at  all  times  and  un 
der  all  circumstances,  the  lives  and  fortunes  of  her  people. 

Your  Committee  conclude,  by  recommending  the  adoption  of 
the  following  Resolutions : 

Resolved,  unanimously,  That  the  President  of  this  Convention 
do  communicate  to  the  Governor  of  Virginia,  with  a  copy  of  this 
Report  and  these  Resolutions,  our  distinguished  sense  of  the 
patriotic  and  friendly  motives  which  actuated  her  General  As 
sembly,  in  tendering  her  mediation,  in  the  late  controversy  be 
tween  the  General  Government  and  the  State  of  South  Caroli 
na  ;  with  the  assurance  that  her  friendly  councils  will  at  all 
times  command  our  respectful  consideration. 

Resolved^  unanimously,  That  the  President  of  this  Convention 
likewise  convey  to  the  Governor  of  Virginia,  our  high  apprecia 
tion  of  the  able  and  conciliatory  manner  in  which  Mr.  Leigh  has 
conducted  his  mission,  during  which  he  has  afforded  the  most 
gratifying  satisfaction  to  all  parties,  in  sustaining,  towards  us, 
the  kind  and  fraternal  relations  of  his  own  State. 

On  motion  of  Mr.  Barnwell,  the  Convention  then  adjourned 
until  Monday  at  10  o'clock. 

ISAAC  W.  HAYNE, 

Clerk  of  the  Convention. 


MONDAY,  March  18,  1833. 

The  Convention  met,  pursuant  to  adjournment,  at  10  o'clock, 
A.  M.  The  proceedings  were  opened  by  a  prayer  from  the  Rev. 
Mr.  Tradewell,  and  the  Journal  of  yesterday  read.  The  amend 
ments  of  Mr.  Wilson,  as  to  that  part  of  the  Ordinance  relating 


to  the  oath  of  allegiance,  were  then  taken  up  for  consideration, 
and  supported  in  a  speech,  by  the  mover.  After  which,  on  mo 
tion  of  Mr.  Barnwell,  a  recess  was  taken  until  4  o'clock,  P.  M. 

Four  o'clock,  P.  M. 

The  Convention  re-assembled,  and  Mr.  Wilson's  amendments 
were  again  taken  up.  On  his  motion  the  Ayes  and  Noes  were 
taken,  and  found  to  be  as  follows : 

AYES— R.  Anderson,  Arnold,  Boone,  Bradwell,  J.  G.  Brown, 
F.  Burt,  Barton,  Black,  Cordes,  Felder,  P.  G.  Gourdin,  Good- 
wyn,  Gailliard,Hatton,  King,  Long,  Lancaster,  McCord,  W.  C. 
Pinckney,  Rowe,  J.  G.  Spann,  J.  Spann,  W.  Smith,  Scott,  Sin 
gleton,  Ulmer,  Wilson,  Walker,  Williams,  Whitefield.— 30. 

JVoEs— Robert  Y.  Hayne,  President,  B.  Adams,  J.  Adams, 
Ayer,  J.  Anderson,  Baker,  Ball,  Bee,  Barnwell,  Blewett,  Butler, 
John  G.  Brown,  Bauskett,  A.  Burt,  Brockman,  Bowie,  Belin,' 
Cohen,  T.  H.  Colcock,  C.  J.  Colcock,  Capers,  Clifton,  Caugh- 
man,  Counts,  Crooke,  Chambers,  Campbell,  Cureton,  Chesnut, 
Cannon,  Clinton,  Coggeshall,  Dubose,  Dawson,  J.  Douglas,  G.' 
Douglas,  Elmore,  Earle,  R.  Ervin,  W.  Evans,  J.  P.  Evans,&Fuller,' 
T.  L.  Gourdin,  Griffin,  Glenn,  Gibson,  Gregg,  Cause,  Gill, 
J.  Hamilton,  Jr.,  Heyward,  Harrison,  Harllee,  Huguenin,  1'On, 
Jeter,  Johnston,  James,  Jacobs,  Keith,  Key,  Levy,  Lowry,  La- 
coste,  Lawton,  Logan, Littlejohn,  Magrath,  Maner,  Murray,  Mills, 
McCall,  Means,  Mays,  McDuffie,  Moore,  J.  L.  Miller,  S.  D.  Mil 
ler,  J.  B.  Miller,  Nowell,  O'Neale,  O'Bannon,  P.  Phillips,  J.  W. 
Phillips,  Parker,  Porcher,  Palmer,  Perry,  T.  Pinckney,  C.  C. 
Pinckney,  Rivers,  Rogers,  Ray,  Simons,  Shand,  J.  M.  Smith,  G. 
H.  Smith,  S.  Smith,  R.  B.  Smith,  Stringfellow,  Symmes,  Sims, 
Shannon,  Stevens,  Sistrunk,  Turnbull,  Tyler,  Tidyman,  Vaught, 
Woodward,  Williamson,  Wardlaw,  Whatley,  Watt,  Waties,  Wil- 
kins,  Ware,  Warren,  Young. — 118. 

Chancellor  Johnston  then  moved  to  strike  out  that  part  of  the 
Ordinance,  as  reported,  relating  to  the  requisition  of  an  oath  of 
allegiance,  and  to  insert  the  following,  to  wit : 

"  We  do  further  Ordain  and  Declare,  That  the  allegiance  of 
the  citizens  of  this  State,  while  they  continue  such,  is  due  to  the 


360 

said  State  ;  and  that  obedience  only,  and  not  allegiance,  is  due 
by  them  to  any  other  power  or  authority,  to  whom  a  control  over 
them  has  been,  or  may  be  delegated  by  the  State  :  and  the 
General  Assembly  of  the  said  State  is  hereby  empowered,  from 
time  to  time,  when  they  may  deem  it  proper,  to  provide  for  the 
administration  to  the  citizens  and  officers  of  the  State,  or  such 
of  the  said  officers  as  they  may  think  fit,  of  suitable  oaths  or  af 
firmations,  binding  them  to  the  observance  of  such  allegiance, 
and  abjuring  all  other  allegiance  ;  and,  also,  to  define  what  shall 
amount  to  a  violation  of  their  allegiance,  and  to  provide  the  pro 
per  punishment  for  such  violation." 

Judge  Colcock  proposed  the  following  amendment  to  that 
amendment : 

"  Resolved,  That  it  is  expedient  to  refer  the  subject  of  an 
oath  of  allegiance,  to  the  Legislature,  with  a  recommendation 
that  a  Bill  be  introduced  to  make  it  a  Constitutional  provision,  in 
the  mode  pointed  out  by  that  instrument ;  which  would  afford 
the  people  an  opportunity  of  expressing  their  opinions  on  the 
subject." 

The  vote  having  been  taken  on  this,  it  was  rejected. 

The  question  then  recurring  on  Chancellor  Johnston's  amend 
ment,  the  Ayes  and  Noes  were  called  for,  and  found  to  be  as 
follows,  to  wit : 

AYES — Robert  Y.  Hayne,  President,  B.  Adams,  Ayer,  J.  An 
derson,  Baker,  Ball,  Bee,  Boone,  Barnwell,  Blewett,  John  G. 
Brown,  Bauskett,  A.  Burt,  Bowie,  Belin,  Cohen,  Cordes,  T.  H. 
Colcock,  C.  J.  Colcock,  Capers,  Caughman,  Counts,  Chambers, 
Campbell,  Coggeshall,  Dubose,  Dawson,  J.  Douglas,  G.  Douglas, 
Elmore,  Earle,  Fuller,  Griffin,  Glenn,  J.  Hamilton,  Jr.,  Heyward, 
Harrison,  Hatton,  Harllee,  Huguenin,  I'On,  Jeter,  Johnston,  Ja 
cobs,  Keith,  Legare,  Lawton,  Long,  Logan,  Littlejohn,  Magrath, 
Maner,  Murray,  Mills,  McCall,  Means,  Mays,  McDuffie,  Moore, 
J.  L.  Miller,  Nowell,  O'Bannon,  Parker.  Porcher,  Palmer,  C.  C. 
Pinckney,  T.  Pinckney,  Quash,  Rivers,  Rogers,  Ray,  J.  G.  Spann, 
Simons,  Shand,  J.  M.  Smith,  G.  H.  Smith,  W.  Smith,  R.  B. 
Smith,  Stringfellow,  Sims,  Stevens,  Turnbull,  Tyler,  Ulmer, 
Vaught,  Vanderhorst,  Williams,  Wardlaw,  Whatley,  Watt, 
Young— 90. 


361 

NOES — J.  Adams,  R.  Anderson,  Arnold,  Bradwell,  Butler,  J. 
G.  Brown,  F.  Burt,  Barton,  Brockman,  Black,  Clifton,  Crooke, 
Cureton,  Chesnut,  Cannon,  Clinton,  R.  Ervin,  W.  Evans,  J.  P. 
Evans,  Felder,  T.  L.  Gourdin,  P.  G.  Gourdin,  Goodwyn,  Gail- 
liard,  Gibson,  Gregg,  Gause,  Gill,  James,  Key,  King,  Levy, 
Lowry,  Lacoste,  Lancaster,  S.  D.  Miller,  J.  B.  Miller,  McCord, 
O'Neale,  P.  Phillips,!.  W.  Phillips,  Perry,  W.  C.Pinckney,Rowe, 
J.  Spann,  W.  Smith,  Scott,  Symmes,  Shannon,  Singleton,  Sis- 
trunk,  Tidyman,  Wilson,  Walker,  Woodward,  Williamson, 
Whitefield,  Waties,  Wilkins,  Ware,  Warren.— 60. 

The  amendment  was  consequently  adopted. 

The  Hon.  S.  D.  Miller  moved  to  strike  out  all  that  part  of  the 
Ordinance,  after  the  words  "  the  enforcement  thereof,"  including 
Chancellor  Johnston's  amendment.  The  Ayes  and  Noes  were 
again  called  for,  and  were  as  follows,  to  wit : 

AYES — J.  Adams,  R.  Anderson,  Arnold,  Baker,  Bee,  Boone, 
Bradwell,  Blewett,  John  G.  Brown,  F.  Burt,  Barton,  Brockman, 
T.  H.  Colcock,  C.  J.  Colcock,  Clifton,  Counts,  Crooke,  Cureton, 
Chesnut,  Cannon,  Clinton,  J.  Douglas,  Earle,  R.  Ervin,  J.  P. 
Evans,  Felder,  Fuller,  T.  L.  Gourdin,  P.  G.  Gourdin,  Gailliard, 
Griffin,  Gibson,  Gause,  Gill,  Harrison,  Jeter,  Johnston,  James, 
Keith,  Levy,  Lowry,  Lacoste,  Lawton,  Littlejohn,  Lancaster, 
Means,  J.  L.  Miller,  S.  D.  Miller,  J.  B.  Miller,  Nowell,  O'Neale, 
P.  Phillips,  Palmer,  Perry,  Rowe,  Ray,  J.  G.  Spann,  J.  Spann, 
W.  Smith,  Stringfellow,  Shannon,  Singleton,  Sistrunk,  Tyler, 
Tidyman,  Ulmer,  Wilson,  Walker,  Wardlaw,  Whatley,  Wilkins, 
Ware,  Warren.— 73. 

NOES — Robert  Y.  Hayne,  President,  B.  Adams,  Ayer,  J.  An 
derson,  Ball,  Barnwell,  Butler,  J.  G.  Brown,  Bauskett,  A.  Burt, 
Bowie,  Black,  Belin,  Cohen,  Cordes,  Capers,  Caughman,  Cham 
bers,  Cambell,  Coggeshall,  Dubose,  Dawson,  G.  Douglas,  El- 
more,  W.  Evans,  Goodwyn,  Glenn,  Gregg,  J.  Hamilton,  Jr., 
Heyward,  Hatton,  Harllee,  Huguenin,  FOn,  Jacobs,  Key,  King, 
Legare,  Long,  Logan,  Magrath,  Maner,  Murray,  Mills,  McCall, 
Mays,  McDuffie,  Moore,  McCord,  O'Bannon,  J.  W.  Phillips, 
Parker,  Porcher,  C.  C.  Pinckney,  W.  C.  Pinckney,T.  Pinckney, 
Quash,  Rivers,  Rogers,  Simons,  Shand,  J.  M.  Smith,  G.  H. 
Smith,  S.  Smith,  R.  B.  Smith,  Scott,  Symmes,  Sims,  Stevens, 
47 


362 

Turnbull,  Vaught,  Vanderhorst,  Williams,  Woodward,  William 
son,  Whitefield,  Watt,  Waties,  Young.— 70. 

The  Ayes  and  Noes  were  now  called  for,  upon  the  question  of 
the  adoption  of  the  Ordinance  as  amended,  and  being  taken, 
were  found  to  be  as  follows,  to  wit : 

AYES — Robert  Y.  Hayne,  President,  B.  Adams,  J.  Adams, 
Ayer,  J.  Anderson,  R.  Anderson,  Arnold,  Baker,  Ball,  Bee, 
Boone,  Barnwell,  Bradwell,  Blewett,  Butler,  John  G.  Brown,  J. 
G.  Brown,  Bauskett,  A.  Burt,  F.  Burt,  Barton,  Bowie,  Black, 
Belin,  Cohen,  Cordes,  T.  H.  Colcock,  C.  J.  Colcock,  Capers, 
Clifton,  Caughman,  Counts,  Chambers,  Campbell,  Coggeshall, 
Dubose,  Dawson,  J.  Douglas,  G.  Douglas,  Elmore,  Earle,  W. 
Evans,  Felder,  Fuller,  T.  L.  Gourdin,  P.  G.  Gourdin,  Goodwyn, 
Gailliard,  Griffin,  Glenn,  Gregg,  J.  Hamilton,  Jr.,  Heyward, 
Harrison,  Hatton,  Harllee,  Huguenin,  I'On,  Jeter,  Johnston, 
James,  Jacobs,  Keith,  Key,  King,  Lacoste,  Legare,  Lawton, 
Long,  Logan,  Littlejohn,  Lancaster,  Magrath,  Maner,  Murray, 
Mills,  McCall,  Means,  Mays,  McDuffie,  Moore,  J.  L.  Miller,  S. 
D.  Miller,  J.  B.  Miller,  McCord,  Nowell,  O'Bannon,  J.  W.Phil 
lips,  Parker,  Porcher,  Palmer,  C.  C.  Pinckney,  W.  C.  Pinckney, 
T.  Pinckney,  Quash,  Rivers,  Rowe,  Rogers,  Ray,  J.  G.  Spann, 
J.  Spann,  Simons,  Shand,  J.  M.  Smith,  G.  H.  Smith,  W.  Smith, 
S.  Smith,  R.  B.  Smith,  Stringfellow,  Scott,  Symmes,  Sims,  Sin 
gleton,  Stevens,  Turnbull,  Tyler,  Tidyman,Ulmer,  Vaught,  Van 
derhorst,  Walker,  Williams,  Woodward,  Williamson,  Wardlaw, 
Whatley,  Whitefield,  Watt,  Waties,  Ware,  Warren,  Young. — 
132. 

NOES — Brockman,  Crooke,  Cureton,  Chesnut,  Cannon,  Clin 
ton,  R.  Ervin,  J.  P.  Evans,  Cause,  Gill,  Levy,  Lowry,  O'Neale, 
P.  Phillips,  Perry,  Shannon,  Sistrunk,  Wilson,  Wilkins. — 19. 

The  following  letter  from  Judge  Richardson,  was  then  read  ; 
to  wit : 

"March  18,  1833. 
"  GENTLEMEN  : 

"  According  to  my  individual  understanding  of  the  end  and 
object  of  the  high  trust  confided  to  me,  by  the  People,  who 


363 

made  me  a  Delegate  to  the  State  Convention  of  South  Caroli 
na,  they  have  been  virtually  fulfilled,  by  the  present  adjustment 
of  the  Tariff,  our  proceedings  thereupon,  and  the  answer  to  the 
Virginia  Commission.  I  beg  leave,  therefore,  with  deep  regard 
for  the  confidence  which  has  been  reposed,  to  resign  my  seat. 

With  the  highest  consideration  and 

respect,  your  obedient  servant, 

J.  S.  RICHARDSON. 

To  the  President  and  Members  of  the  General  Convention  of 
the  State  of  South  Carolina." 

This  letter  was  ordered  to  lie  on  the  table. 

The  Report  accompanying  the  Ordinance  just  adopted,  was 
read,  and  on  motion  of  Mr.  Edwin  J.  Scott,  amended,  by  striking 
out  from  the  sentence  preceding  the  last,  the  words  after  the 
word  "  State."  The  Report  as  amended  was  then  adopted  by 
the  Convention. 

It  was  moved  to  take  up  the  Resolutions  introduced  on  Thurs 
day  last  by  Gen.  Hamilton  and  R.  Barnwell  Smith,  Esq.,  but  the 
vote  being  taken,  it  was  agreed  not  to  consider  them. 

The  Hon.  J.  L.  Wilson,  from  the  Engrossing  Committee,  re 
ported  the  Ordinance  nullifying  the  Force  Bill,  as  engrossed.  It 
was  then  ratified,  in  the  presence  of  the  Convention,  by  the 
signatures  of  the  President  and  Clerk. 

The  Report  and  Ordinance,  as  adopted  by  the  Convention, 
are  as  follows,  to  wit : 


REPORT. 

The  Committee,  to  whom  was  referred  the  Act  of  the  Congress 
of  the  United  States,  entitled  "  An  Act  further  to  provide  for 
the  collection  of  duties  on  imports,"  beg  leave  to 

REPORT: 

That  they  have,  so  far  as  time  would  allow,  considered  the 
Act  with  such  attention  as  the  importance  of  the  matters  con- 


364 

tained  in  it  would  seem  to  require.  At  the  present  moment, 
when  a  question,  which  has  long  divided  and  perplexed  the 
country,  has  been  adjusted,  on  terms  calculated  to  quiet  agita 
tion  and  restore  harmony,  it  would  have  been  matter  of  peculiar 
gratification,  to  be  able  to  indulge,  without  restraint,  the  feelings 
which  such  adjustment  was  calculated  to  excite.  But  your  Com 
mittee  regret  to  say,  that  at  the  moment  of  returning  peace,  the 
most  serious  and  alarming  cause  of  dissatisfaction  has  been  af 
forded  by  the  Act  under  consideration.  Your  Committee  do 
most  solemnly  believe  that  the  principles  sought  to  be  establish 
ed  by  the  Act,  are  calculated,  when  carried  into  practice,  to 
destroy  our  Constitutional  frame  of  Government,  to  subvert  the 
public  liberty,  and  to  bring  about  the  utter  ruin  and  debasement 
of  the  Southern  States  of  this  Confederacy. 

The  general  purpose  of  the  whole  Act,  though  not  expressed 
in  the  terms  of  it,  is  perfectly  well  known  to  have  been  to  coun 
teract  and  render  inefficacious  an  Act  of  this  State,  adopted  in 
her  sovereign  capacity,  for  the  protection  of  her  reserved  rights. 
Believing,  as  we  most  fully  do,  that  the  power  attempted  to  be 
exercised  by  the  State,  is  among  the  reserved  powers  of  the 
States,  and  that  it  may  be  exercised  consistently  with  the  Con 
stitution  of  the  United  States,  an  opinion  formed  by  the  good 
people  of  this  State,  upon  the  fullest  and  most  careful  consider 
ation,  and  expressed  through  their  Delegates  in  Convention, 
your  Committee  must  on  that  ground  alone,  have  been  convinced 
that  the  purpose  of  counteracting  that  Act,  and  the  means  by 
which  it  is  sought  to  be  counteracted,  are  unauthorized  by  the 
Constitution.  We  think  that  this  will  become  more  apparent  by 
attending  to  the  leading  provisions  of  the  Act  of  Congress. 

The  Act  gives  the  President  of  the  United  States,  for  a  limit 
ed  time,  an  almost  unlimited  power  of  control  over  the  com 
merce  of  the  whole  United  States  ;  though  certainly  the  power 
was  only  contemplated  to  be  exercised  against  that  of  South 
Carolina. 

It  exempts  property  in  the  hands  of  the  officer  of  the  Reve 
nue,  alleged  to  be  detained  for  enforcing  the  payment  of  duties, 
from  liability  to  the  process  of  the  State  Courts. 

It  exempts  a  class  of  persons  residing  within  the  State — offi 
cers  of  the  United  States,  and  persons  employed  by  them,  or 


365 

acting  under  their  direction,  or  any  other  person,  professing  to 
act  in  execution  of  the  Revenue  Laws — from  all  responsibility 
to  the  State  laws  or  State  tribunals,  for  any  crime  or  wrong, 
when  it  is  alleged  that  the  act  was  done  in  execution  of  the 
Revenue  Laws  or  under  color  thereof. 

It  gives  to  the  same  class  of  persons,  the  right  to  seek  redress 
for  any  alleged  injury  whatever,  either  to  person  or  property, 
however  foreign  to  the  proper  subjects  of  the  jurisdiction,  in  the 
Courts  of  the  United  States;  provided  the  injury  be  received  in 
consequence  of  any  act  done  in  execution  of  the  Revenue  Laws. 

It  directly  supposes  all  the  Courts  of  the  State  to  be  inferior 
and  subordinate  to  those  of  the  United  States,  and  provides  for 
rendering  them  so,  by  directing  to  them  the  writ  of  certiorari 
superseding  their  jurisdiction. 

It  affects  to  limit  and  control  the  jurisdiction  of  the  Courts  of 
the  State  ;  providing  for  the  removal  of  causes  from  their  cogni 
zance  ;  declaring  their  judgments  void,  and  providing  for  the 
discharge  of  persons  confined  under  their  process. 

It  tyrannically  provides  for  rendering  persons  liable  to  punish 
ment  for  acts  done  by  them  in  execution  of  the  laws  of  the  State 
and  the  process  of  its  Courts,  to  which  they  are  bound  to  yield 
obedience,  and  which  they  are  compelled,  under  the  highest 
sanctions,  to  enforce. 

It  not  only  provides  for  the  punishment  of  persons  thus  acting, 
by  the  civil  tribunals,  but  authorizes  the  employment  of  military 
force,  under  color  of  executing  the  laws  of  the  United  States,  to 
resist  the  execution  of  the  laws  of  the  State  ;  superseding,  with 
the  quick  execution  of  the  sword,  the  slower  process  of  Courts. 

The  Act  authorizes  the  confinement  of  persons  in  unusual 
places — which  can  only  mean  on  board  ships — in  which  persons 
from  the  most  remote  parts  of  the  State  may  be  confined. 

The  Committee  believe  that  all  these  positions  are  distinctly 
sustained  by  the  Act  in  question.  By  the  Constitution  of  the 
United  States,  the  power  to  regulate  commerce,  is  given  to 
Congress.  It  is  an  important  portion  of  the  Legislative  power, 
and,  as  Legislative  power,  is  incapable  of  delegation.  Congress 
has,  however,  in  effect,  delegated  to  the  President  the  power  to 
abolish,  at  his  discretion,  any  port  of  the  United  States,  or  inter 
rupt  or  destroy  its  commerce.  This  may  easily  be  effected. 


366 

under  the  authority  to  remove  the  Custom-house  to  any  port  or 
harbor  within  the  Collection  District,  by  fixing  it  at  inconven 
ient  or  inaccessible  places.  To  say  nothing  of  the  unusual  and 
tremendous  character  of  this  power,  which  New  York  or  Phila 
delphia  might  perhaps  apprehend,  if  there  were  any  expectation 
of  its  being  exercised  with  respect  to  them,  and  the  enormous 
abuse  to  which  it  is  liable,  does  the  Constitution  contemplate  or 
authorize,  the  delegation  of  this  discretion  to  an  individual  ?  If 
it  were  exercised,  it  would  be  a  plain  violation  of  that  part  of 
the  Constitution  which  directs  that,  in  regulations  of  commerce, 
no  preference  shall  be  given  to  the  ports  of  one  State  over  those 
of  another.  The  same  inequality  is  occasioned  by  directing  the 
payment  of  Cash  Duties.  It  is  vain  to  say  that  this  has  been 
rendered  necessary  by  the  Act  of  the  State,  and  without  it,  the 
collection  of  revenue  would  be  impracticable.  Whatever  lati 
tude  may  be  allowed  in  the  selection  of  means  necessary  and 
proper  to  carry  into  effect  the  granted  powers  of  Congress,  we 
believe  no  one  has  yet  imagined,  that  a  plain  provision  of  the 
Constitution  may  be  violated,  as  a  means  of  carrying  into  effect 
a  power  granted  by  another  provision.  Although  we  may  con 
cede  the  power  of  Congress,  for  sufficient  cause  and  in  good 
faith,  to  abolish  one  port  of  entry  and  establish  another,  yet  we, 
of  course,  cannot  concede  that  it  may  delegate  this  power  ;  or, 
that  the  sovereign  Act  of  the  State,  for  the  vindication  of  her 
reserved  rights,  constitutes  sufficient  cause,  or  that  this  act  has 
been  done  in  good  faith. 

The  provisions  of  the  Act,  that  all  property  in  the  hands  of 
any  officer  or  other  person,  detained  under  any  Revenue  Law, 
shall  be  subject  only  to  the  orders  and  decrees  of  the  Courts  of 
the  United  States,  plainly  enact,  that  it  shall  not  be  subject  to 
any  process,  order  or  decree  of  the  Courts  of  the  State.  We 
have  heretofore  been  accustomed  to  regard  our  Superior  Courts 
as  having  jurisdiction  over  all  persons  and  all  property  within 
the  limits  of  the  State.  This  jurisdiction  is,  of  course,  super 
seded,  whenever  any  other  Court  of  concurrent  jurisdiction  has 
possession  or  custody  of  any  cause  or  any  property.  But  that  a 
ministerial,  executive  officer,  or  that  property  in  his  hands, 
should  be  exempted  from  the  jurisdiction  and  authority  of  State 


367 


Courts,  we  believe  to  be  unprecedented  in  our  legislation,  and 
without  any  shadow  of  Constitutional  authority. 

One  of  the  most  extraordinary  and  exceptionable  provisions  of 
the  Act,  appears  to  be  that  authorizing  the  removal,  previous  to 
trial,  of  suits  or  prosecutions  from  the  State  Courts,  upon  affida 
vit  made,  and  a  certificate  of  the  opinion  of  some  counsellor  or 
attorney  to  the  same  effect,  that  the  suit  or  prosecution  was  for, 
or  on  account  of  any  act  done  under  the  Revenue  Laws  of  the 
United  States,  or  under  color  thereof,  or  for,  or  on  account  of 
any  right,  authority  or  title,  set  up  or  claimed  by  any  officer  or 
other  person,  under  any  such  law  of  the  United  States.     If  there 
be  any  violation  of  the  law  of  the   State — if  there  be  a  wrong 
done  to  person  or  property  within  the  limits  of  the  State— have 
not  the  Courts  of  the  State  jurisdiction   of  that  matter  ?     By 
what  authority  does  the  Congress  of  the  United  States  limit  that 
jurisdiction  ?     What  shadow  of  Constitutional  provision  is  there 
to  sanction  this  flagrant  usurpation?     True,  such  a  violation  of 
the  law  of  the  State  may,  sometimes,  be  justified,  as  being  done 
in  execution  of  a  Constitutional  law  of  the  United  States;  but 
this  is  a  matter  of  defence,  to  be  tried  as  every  other  defence  is 
to  be  tried,  and  can  have  no  effect  in  ousting  the  jurisdiction,  or 
in  giving  the  Courts  of  the  United  States  original  jurisdiction  of 
offences  against  the  State  laws.     So  any  person  is  authorized  to 
bring  suit  in  the  Courts  of  the  United  States,  for  any  injury  to 
person  or  property,  for,  or  on  account  of,  any  act  done  in  exe 
cution  of  the  Revenue   Laws.     The  Constitution  gives  to  the 
Courts  of  the  United  States,  jurisdiction  of  all  cases  in  law  and 
equity  arising  under  the  Constitution  and  laws  of  the  United 
States.     An  assault  on  the  person  or  trespass  to  property,  is  a 
violation  of  the  laws  of  the  State.     Can  it  make  a  difference, 
that  a  violation  of  the  State  law  was  provoked  by  an  act  done 
under  color  of  executing  the  law  of  the  United  States?     The 
protection  of  persons  and  property  has,  heretofore,  been  supposed 
the  province  of  the  States.     In  assuming  to  itself  this  new  func 
tion,  the  Federal  Government  indicates  most  clearly  its  tendency 
to  engross  all  power,  and  control  all  State  authority. 

It  is  plain  likewise  from  the  various  provisions  of  the  Act,  that 
such  suits  are  intended  to  be  allowed  against  persons  acting 
in  execution  of  the  process  of  the  State  Courts.  Judgments 


368 

of  those  Courts  are  declared  to  be  void,  and  persons  and  pro 
perty  exempted  from  their  jurisdiction. 

It  is  not  only  our  law  but  part  of  the  law  of  the  civilized 
world,  that  the  judgment  of  a  Court  of  competent  jurisdiction  is 
valid,  until  it  be  reversed  by  a  competent  authority.  The  judg 
ment  of  a  Superior  Court  of  general  jurisdiction  can  never  be 
void  for  want  of  jurisdiction.  When  there  are  Courts  of  concur 
rent  jurisdiction,  that  which  obtains  possession  of  the  cause  is 
entitled  to  retain  it ;  its  process  must  be  respected,  and  all  other 
jurisdiction  is  excluded.  It  is  true  that  the  judgments  of  Courts 
of  limited  jurisdiction  (and  such  are  the  Courts  of  the  United 
States,  and  so  they  themselves  have  determined)  are  void,  if  the 
jurisdiction  be  transcended.  This  distinction  would  seem  to 
determine  whether  sovereignty  is  to  be  attributed  to  the  State 
or  to  the  Federal  authority.  Hitherto,  it  has  never  occurred  to 
any  one  to  doubt  that  an  officer,  acting  in  execution  of  the  pro 
cess  of  a  Court  of  general  jurisdiction,  and  all  persons  acting 
under  his  direction,  are  exempted  from  all  responsibility  for  that 
Act.  He  is  bound  under  the  highest  sanction  to  execute  that 
process ;  and  shall  he  be  punished  for  performing  his  duty  ? 

If  this  Act  were  submitted  to,  the  entire  administration  of  the 
criminal  justice  of  the  State  might  be  interrupted  ;  and  it  is  not 
too  much  to  say,  that  the  State  Governments  would  be  rendered 
impracticable.  The  worst  criminal — one  stained  with  the  guilt 
of  murder — upon  making  an  affidavit,  which  no  such  criminal 
would  hesitate  to  make,  and  procuring  a  certificate,  which  any 
criminal  might  easily  procure,  would  be  able  to  elude  the  crim 
inal  justice  of  the  State.  His  cause  must  be  removed  to  the 
Federal  Court ;  and  when,  upon  his  trial,  it  shall  appear  that  his 
act  was  not  done  in  execution  of  the  law  of  the  United  States, 
your  Committee  do  not  perceive  what  other  consequence  can 
follow,  than  that  he  must  be  acquitted  and  go  with  impunity. 

Having  taken  this  view  of  the  provisions  of  the  Act  in  ques 
tion,  the  Committee  would  submit  to  the  solemn  consideration 
and  determination  of  this  Convention,  whether  they  do  not  effect 
an  entire  change  in  the  character  of  our  Constitution,  and  will 
not,  when  carried  into  practice,  abolish  every  vestige  of  liberty, 
and  render  this  an  absolute  Consolidated  Government,  without 
limitation  of  powers.  It  has  been  truly  said,  that  if  these  things 


369 

may  be  done,  the  most  solemn  acts  of  the  highest  authorities  of 
the  State  may  be  regarded  as  the  unauthorized  proceedings  of 
individuals ;  the  Courts  of  justice  may  be  shut  up;  the  Legisla 
ture  dispersed,  as  a  lawless  mob ;  and  we,  ourselves,  represent 
ing,  as  we  vainly  believe,  the  sovereignty  of  the  State,  called  to 
answer  for  what  we  have  said  and  done  on  this  floor,  at  the  bar 
of  a  Circuit  Court  of  the  United  States.  Is  this  an  exaggerated 
picture  ?  Let  us  examine  it  a  little  more  closely.  If  these  pro 
visions  may  be  made  to  enforce  the  execution  of  the  Revenue 
Laws  of  the  United  States,  they  may  be  made  to  enforce  any 
other  Act  which  Congress  shall  think  proper  to  pass.  No  mat 
ter  how  oppressive,  how  clearly  unconstitutional,  there  is  no 
power  in  the  constituted  authorities  of  the  State  to  resist  it.  If 
one  class  of  cases  may  be  removed  from  the  jurisdiction  of  the 
State  Courts,  any  other  class,  subject  only  to  the  discretion  of 
Congress,  may  be  likewise  removed.  If  the  process  of  the 
Courts  be  void,  and  the  officer  executing  it,  and  those  acting 
under  his  direction,  responsible  civilly,  or  punishable  criminally, 
the  Judge  who  directed  the  process  must  be  answerable  in  like 
manner.  He  was  equally  without  authority,  and  having  com 
manded  the  act,  is  a  partaker  of  the  guilt.  The  Legislature 
who  commanded  the  act  of  the  Judge,  and  the  Convention  of 
the  people  in  obedience  to  whose  mandate  every  thing  was  done, 
must  have  the  same  participation.  If  the  sheriff,  and  his  posse, 
obstructing  the  execution  of  the  Revenue  laws,  may  constitute 
that  unlawful  combination  and  assemblage,  on  being  notified  of 
which,  the  President  is  authorized  to  use  the  military  force  of 
the  United  States  to  disperse  them,  then  the  Courts,  the  Legis 
lature,  or  the  Convention,  in  obedience  to  whose  authority  alone 
the  Sheriff  acts,  and  who  are  the  efficient  causes  of  the  obstruc 
tion,  are  assemblages  of  similar  character,  and  may  be  dispersed 
by  military  force.  The  whole  purpose  of  the  act  is  to  con 
found  the  acts  of  the  constituted  authorities  of  the  State,  how 
ever  solemn  and  well  considered,  with  the  lawless  and  irregular 
acts  of  individuals  or  mobs.  The  certain  effect  of  it  must  be,  to 
restrain  the  States  from  the  exercise  of  any  other  authority  than 
such  as  Congress,  or  the  sectional  majority  represented  in  Con 
gress,  shall  think  fit  to  permit  them  to  exercise ;  and  to  ensure 
the  enforcement  of  every  law  which  that  majority  may  think 
48 


370 

proper  to  enact.  It  involves  the  cruelty  and  absurdity  of  making 
the  community  responsible  to  hostile  force  for  its  acts  as  a  com 
munity,  and  the  individuals  of  the  community,  punishable  for 
their  acts  in  obedience  to  the  laws  of  their  Government ;  an  obe 
dience  from  which  they  cannot  exempt  themselves,  unless  they 
absolve  themselves  from  their  allegiance,  by  self-banishment. 

That  the  object  of  many  of  the  politicians  who  supported  this 
bill — the  politicians  of  that  majority  in  whose  hands  all  power 
will  be — is  to  establish  a  Consolidated  Government,  is  now 
hardly  at  all  disguised.  The  chimera  of  a  Government  partly 
consolidated,  partly  federative,  is  now  scarcely  contended  for. 
The  same  class  of  politicians  have  always  had  in  view  the  same 
object.  It  was  attempted  to  be  effected  in  the  Convention 
which  framed  the  Constitution  of  the  United  States.  The  at 
tempt  was  there  foiled.  After  the  formation  of  the  Government, 
those  who  affected  Consolidation,  assumed  the  term  of  "  Fede 
ral,"  and  denied  that  the  opinions  held  by  them,  led  to  that  re 
sult.  The  possession  of  power,  however,  developed  their  views, 
and  the  first  marked  indication  of  their  disposition  to  engross 
the  powers  of  the  States,  and  meddle  with  their  internal  con 
cerns,  was  afforded  by  the  alien  and  sedition  laws.  This  at 
tempt  was  so  strongly  rebuked  by  public  opinion,  which  led  to 
the  change  of  administration  in  1800,  that  the  hopes  of  consoli 
dation  seemed  abandoned  forever.  They  remained  dormant, 
until  revived  by  the  agitations  springing  out  of  our  late  protect 
ing  system.  It  was  perceived  that  nothing  less  strong  than  a 
consolidated  Government  could  sustain  that  system  of  iniquity. 
Gradually,  we  have  been  told,  that  the  States  have  parted  with 
a  portion  of  their  sovereignty  ;  then,  that  they  were  never  sove 
reign  ;  until  at  length,  availing  themselves  of  the  excitement  of 
a  particular  crisis,  and  passion  for  power,  and  the  influence  of  an 
individual,  the  act  before  us  has  been  passed,  sweeping  away 
every  vestige  of  State  Sovereignty  and  Reserved  Rights,  or 
causing  them  to  be  held  at  the  mercy  of  the  majority  ;  compared 
to  which,  the  alien  and  sedition  laws  sink  into  measures  harm 
less  and  insignificant. 

And  what  is  it  to  the  Southern  States,  to  be  subjected  to  a 
consolidated  Government  ?  These  States  constitute  a  minority, 
and  are  likely  to  do  so  forever.  They  differ  in  institutions  and 


371 

modes  of  industry,  from  the  States  of  the  majority,  and  have  dif 
ferent,  and  in  some  degree,  incompatible  interests.  It  is  to  be 
governed,  not  with  reference  to  their  own  interests  or  according 
to  their  own  habits  and  feelings,  but  with  reference  to  the  inter 
ests,  and  according  to  the  prejudices  of  their  rulers,  the  majori 
ty.  It  has  been  truly  said  that  the  protecting  system  consti 
tutes  but  a  small  part  of  our  controversy  with  the  Federal  Gov 
ernment.  Unless  we  can  obtain  the  recognition  of  some  effec 
tual  Constitutional  check  on  the  usurpation  of  power,  which  can 
only  be  derived  from  the  sovereignty  of  the  States,  and  their 
right  to  interpose  for  the  preservation  of  their  reserved  powers, 
we  shall  experience  oppression  more  cruel  and  revolting  than 
this. 

While  there  remains  within  the  States  any  spirit  of  liberty, 
prompting  them  to  repel  Federal  usurpations,  one  of  the  most 
obvious  means  to  break  that  spirit  and  reduce  the  States  to  sub 
jection,  will  be  that  which  has  been  attempted  by  the  act  before 
us.  It  will  be  to  Create  or  to  sustain,  by  the  patronage  of  Gov 
ernment  or  other  means,  a  party  within  the  State  devoted  to  Fed 
eral  power,  exempted  from  responsibility  to  the  State  authori 
ties,  and  having  power  to  harass  and  degrade  the  State  authori 
ties,  by  means  of  the  tribunals  of  the  United  States.  Thus  will 
be  created  a  Government  within  a  Government,  with  all  the  con 
sequences,  which  experience  informs  us,  are  likely  to  arise  from 
that  state  of  things,  and  such  as  did  arise  from  the  independent 
ecclesiastical  jurisdictions  within  the  Governments  of  Europe. 
The  Federal  Government  will  interfere  with  every  department  of 
the  State  Governments  ;  it  will  influence  elections  ;  it  will  raise 
up  and  put  down  parties,  as  they  shall  be  more  servile  to  its  will. 
Pretexts  for  interference  will  never  be  wanting.  Already  has  it 
been  said,  that  ours  is  no  longer  a  Republican  Government,  be 
cause  the  State,  in  vindicating  its  sovereignty,  has  refused  to  en 
trust  with  any  portion  of  its  authority,  those  who  deny  or  refuse 
to  recognize  that  sovereignty.  Other  classes  of  individuals 
might  be  found,  within  the  State,  whom  it  might  suit  the  major 
ity  to  suppose  disfranchised,  in  derogation  of  true  republican 
principles,  and  to  require  their  interference  and  protection. 
This  interference  will  be  practiced  at  first  with  moderation,  and 
with  some  apparent  respect  for  the  rights  of  the  States.  Grad- 


372 

ually,  as  the  power  of  the  Government  shall  be  established,  and 
the  Southern  States  become  weakened  and  less  capable  of  re 
sistance,  the  shew  of  moderation  will  be  thrown  off.  Thus  the 
peace  of  those  States  will  be  embroiled  ;  their  prosperity  inter 
rupted,  their  character  degraded  ;  until  in  the  natural  progress 
of  things,  your  Committee  think  it  not  too  strong  to  say,  that 
they  will  be  more  miserable,  more  utterly  enslaved,  more  tho 
roughly  debased,  than  any  provinces  that  have  ever  been  ren 
dered  subject  by  the  sword. 

In  alluding  to  the  oath,  which  the  State  has  heretofore  thought 
proper  to  exact  of  its  citizens,  and  to  one  somewhat  similar, 
which  the  Committee  propose  to  recommend,  they  think  proper 
to  disclaim,  as  they  do  most  solemnly  disclaim,  on  behalf  of 
themselves  and  the  Convention,  that  this  or  any  other  measure 
which  the  Convention  has  adopted,  has  been  adopted  upon  mere 
party  views,  to  secure  party  ascendancy,  or  gratify  party  resent 
ment.  They  appeal  to  God,  that  their  only  object  has  been  to 
vindicate  their  just  rights  and  liberties,  and  the  common  liber 
ties  of  the  whole  South.  This  object  they  have  pursued  in  sin 
gleness  of  purpose  ;  though  exposed  to  much  obloquy — threat 
ened  with  much  danger,  and  discountenanced  by  those  from 
whom  they  had  a  right  to  expect  support.  They  have  never 
sought  to  endanger  this  Union  ;  but  to  perpetuate  it  by  render 
ing  it  compatible  with,  and  a  security  for  liberty. 

The  firmness  of  the  State  seems,  at  length,  in  some  degree,  to 
have  triumphed.  But  let  it  be  recollected  that  the  moment  of 
triumph  is  commonly  one  of  danger.  Let  it  be  kept  in  mind, 
that  this  is  not  a  contest  ended,  but  a  contest  not  more  than  be 
gun,  and  not  to  be  determined,  till  this  act  shall  cease  to  dis 
grace  the  statute  book.  Let  this  contest  be  carried  on  firmly, 
steadily,  without  passion  and  without  faultering.  If  the  vigilance 
of  the  State  should  relax;  if  it  should  cease  to  raise  up  barriers 
against  the  head  of  usurpation,  which  threatens  to  overwhelm 
us,  the  torrent  will  break  loose,  and  sweep  our  liberties  along 
with  it.  Let  every  man  consider  this  his  own  peculiar  business. 
If  liberty  be  saved,  every  thing  is  saved  :  If  liberty  be  lost,  every 
thing  is  lost. 

As  the  provisions  of  the  act  have  reference  only  to  certain 
acts  of  the  people  and  Legislature  of  this  State,  which  have  been 


373 

superseded  by  the  late  modification  of  the  Tariff,  it  could  not 
have  been  contemplated  that  it  should  have  any  immediate  ope 
ration.  And  your  Committee  doubted  whether,  regarding  it  as 
merely  a  menace,  they  should  recommend  any  action  upon  it,  or 
only  that  the  sentiments  of  the  Convention  should  be  expressed, 
in  regard  to  the  principles  it  contains.  But  most  of  its  provis 
ions  are  made  permanent,  and  may  be  put  in  practice  on  some 
future  occasion.  The  Committee  cannot  doubt  that  it  expresses 
the  true  principles  of  many  of  those  who  voted  for  it,  and  who 
will  seek  occasion  to  reduce  them  to  practice.  As  a  precedent, 
it  is  most  dangerous.  The  vote  on  the  very  act,  shows  how  lit 
tle  is  to  be  expected  from  a  majority.  It  is  incumbent  on  South 
Carolina,  unsupported  as  she  is,  to  take  care  that  no  federal  au 
thority,  unauthorized  by  our  federal  compact,  shall  be  exercised 
within  the  limits  of  the  State.  For  the  purpose  of  providing 
that  the  act  shall  never  have  operation  or  effect,  within  the  lim 
its  of  the  State,  the  Committee  beg  leave  to  report  the  follow 
ing  Ordinance. 

AN  ORDINANCE, 

To  Nullify  an  Act  of  the  Congress  of  the  United  States,  entitled 
"  An  Act  further  to  provide  for  the  Collection  of  Duties  on 
Imports,"  commonly  called  the  Force  Bill. 

We,  the  People  of  the  State  of  South  Carolina,  in  Convention  as 
sembled,  do  Declare  and  Ordain,  That  the  Act  of  the  Congress 
of  the  United  States,  entitled  "  An  Act  further  to  provide  for 
the  collection  of  duties  on  imports,"  approved  the  2d  day  of 
March,  1833,  is  unauthorized  by  the  Constitution  of  the  United 
States,  subversive  of  that  Constitution,  and  destructive  of  pub 
lic  liberty  ;  and  that  the  same  is,  and  shall  be  deemed  null  and 
void,  within  the  limits  of  this  State  ;  and  it  shall  be  the  duty  of 
the  Legislature,  at  such  time  as  they  may  deem  expedient,  to 
adopt  such  measures  and  pass  such  acts  as  may  be  necessary  to 
prevent  the  enforcement  thereof,  and  to  inflict  proper  penalties 
on  any  person  who  shall  do  any  act  in  execution  or  enforcement 
of  the  same  within  the  limits  of  this  State. 

We  do  further  Ordain  and  Declare,  That  the  allegiance  of  the 


374 

citizens  of  this  State,  while  they  continue  such,  is  due  to  the 
said  State  :  and  that  obedience  only,  and  not  allegiance,  is  due 
by  them  to  any  other  power  or  authority,  to  whom  a  control  over 
them  has  been,  or  may  be  delegated  by  the  State ;  and  the  Gen 
eral  Assembly  of  the  said  State  is  hereby  empowered  from  time 
to  time,  when  they  may  deem  it  proper,  to  provide  for  the  ad 
ministration  to  the  citizens  and  officers  of  the  State,  or  such  of 
the  said  officers  as  they  may  think  fit,  of  suitable  oaths  or  affir 
mations,  binding  them  to  the  observance  of  such  allegiance,  and 
abjuring  all  other  allegiance ;  and,  also,  to  define  what  shall 
amount  to  a  violation  of  their  allegiance,  and  to  provide  the 
proper  punishment  for  such  violation. 

Done  in  Convention,  at  Columbia,  the  eighteenth  day  of  March, 
in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 
thirty-three,  and  in  the  fifty-seventh  year  of  the  Sovereignty 
and  Independence  of  the  United  States  of  America. 

ROBERT  Y.  HAYNE,  Del-  ) 

egate  from  the  Parishes  of  \  President  of  the  Convention. 
St.  Philip  and  St.  Michael,  ) 

ISAAC  W.  HAYNE,   Clerk. 

Gen.  Hamilton  then  introduced  the  following  Resolutions, 
which  were  adopted,  to  wit : 

"  Resolved,  That  the  Clerk  do  order  to  be  printed,  by  the 
printer  of  this  Convention,  to  be  appended  to  the  copies  now  on 
hand  of  the  proceedings  of  the  former  session  of  the  Convention, 
five  hundred  copies  of  the  Journal,  Ordinances,  and  Reports  of 
the  present  session  $  a  copy  of  each  to  be  distributed  to  each 
Member  of  the  Convention  and  Legislature — also,  separately, 
three  thousand  copies  of  the  Ordinances  and  Reports  of  the 
present  session,  to  be  distributed  to  the  people  of  this  State; 
and  it  be  made  the  duty  of  the  Clerk  to  attend  to  the  distribu 
tion  of  the  same." 

"  Resolved,  That  the  President  of  this  Convention  do  transmit 
to  the  President  of  the  United  States,  and  to  the  Governors  of 
the  several  States,  copies  of  the  Reports  and  Ordinances  of  this 
Convention,  adopted  at  its  present  session." 


375 

It  was  now  moved  by  Gen.  Hamilton,  that  the  Convention 
should  resolve  itself  into  a  Committee  of  the  whole;  which  be 
ing  agreed  to,  Mr.  Turnbull  was  called  to  the  chair.  Col.  Sam 
uel  Warren  then  introduced  the  following  Resolution,  which 
was  adopted  unanimously,  and  ordered  to  be  so  entered  on  the 
Journal,  to  wit : 

"  Resolved,  unanimously,  That  the  thanks  of  this  Covention  be 
presented  to  his  Excellency,  Robert  Y.  Hayne,  for  the  dignity, 
ability,  and  impartiality,  with  which  he  has  presided  over  its  de 
liberations." 

The  Committee  rose  and  Reported  to  the  Convention.  On 
motion  of  Mr.  Turnbull,  it  was 

"  Resolved,  That  the  Convention  do  now  adjourn,  sine  die,  and 
that  it  be  dissolved." 

After  a  prayer  from  the  Rev.  Mr.  Ray,  the  President  pro 
nounced  the  Convention  dissolved. 


RESOLVES 


LEGISLATURE 


OF 


ILLINOIS. 


RESOLVES. 


IN  THE  ILLINOIS  LEGISLATURE,  Dec.  26,   1832. 

WHEREAS,  the  President  of  the  United  States,  in  his  procla 
mation  of  the  10th  instant,  has  exhibited  a  just  view  of  the 
origin  of  our  free  constitution,  and  of  the  powers  confided  by 
that  sacred  instrument  to  the  States  and  the  General  Govern 
ment  ;  and  whereas,  by  the  said  proclamation,  the  assumed 
power  of  a  State  to  annul  a  law  of  Congress  is  conclusively 
shown  to  be  "  incompatible  with  the  existence  of  the  Union, 
contradicted  expressly  by  the  letter  of  the  constitution,  unau 
thorized  by  its  spirit,  inconsistent  with  every  principle  on  which 
it  was  founded,  and  destructive  of  the  great  object  for  which  it 
was  formed;"  and  whereas,  the  particular  application  of  this 
assumed  power  to  the  alleged  grievances  of  South  Carolina  is 
most  ably  and  unanswerably  refuted,  and  the  dangerous  and 
treasonable  doctrine  of  the  right  of  secession,  combated  by 
the  clearest  reasoning,  is  denounced  in  a  spirit  of  devoted  at 
tachment  to  the  Union ;  and  whereas,  also,  the  Executive  has 
expressed  a  confident  reliance  on  the  undivided  support  of  the 
nation,  in  his  "  determination  to  execute  the  laws,  to  preserve 
the  Union  by  all  constitutional  means,  and  to  arrest,  if  possible, 
by  moderate  but  firm  measures,  the  necessity  of  a  recourse  to 
force :"  therefore 

Resolved  by  the  people  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  we  highly  approve  the  sentiments 
contained  in  the  said  proclamation,  and  the  avowed  purpose 


380 

of  repelling  the  unconstitutional  and  dangerous  designs  an 
nounced  in  the  "disorganizing  edict"  of  the  South  Carolina 
Convention. 

Resolved,  That,  whilst  we  admire  the  firmHess  that  would 
resist  "  the  mad  project  of  disunion,"  we  cordially  approve  the 
spirit  of  moderation  which  deprecates  "  any  offensive  act  on 
the  part  of  the  United  States." 

Resolved,  That  "  disunion  by  armed  force  is  treason,"  and 
should  be  treated  as  such  by  the  constituted  authorities  of  the 
nation. 

Resolved,  That,  whilst  we  deplore  the  spirit  of  disaffection 
manifested  by  our  South  Carolina  brethren,  and  should  hail 
with  unmingled  satisfaction  their  return  to  the  first  great  prin 
ciples  of  our  Union,  we  hold  it  to  be  the  duty  of  every  citizen 
of  the  United  States,  without  distinction  of  sect  or  party,  to 
rally  to  the  support  of  the  great  charter  of  American  freedom. 

Resolved,  That,  should  the  pacific  invitation  and  solemn  warn 
ing  of  our  illustrious  President  fail  to  recall  the  disaffected  to 
their  duty — should  the  anti-republican  doctrine  of  nullification 
be  persisted  in,  and  treason  rear  its  polluted  form  within  the 
bosom  of  our  prosperous,  patriotic,  and  peaceful  Republic,  we 
do  hereby  instruct  our  Senators  in  Congress,  and  request  our 
Representative,  to  unite  in  the  most  speedy  and  vigorous  meas 
ures  on  the  part  of  the  General  Government  for  the  preserva 
tion  of  the  peace,  integrity,  and  honor  of  the  Union.  And 
we  do  hereby  solemnly  pledge  the  faith  of  our  State  in  support 
of  the  administration  of  the  laws  and  constitution  of  our 
beloved  country. 

Resolved,  That  a  copy  of  the  foregoing  resolutions  be  trans 
mitted  to  the  President  of  the  United  States,  to  the  heads  of 
the  several  departments  at  Washington,  and  to  our  Senators  and 
Representative  in  Congress. 


381 

I  certify  the  foregoing  preamble  and  resolutions  were  unani 
mously  adopted  by  the  House  of  Representatives. 

f 

DAVID  PRICKETT, 

Clerk  of  the  House  of  Representatives. 

ALEXANDER  M.  JENKINS, 

Speaker  of  the  Rouse  of  Representatives. 

I  certify  the  foregoing  preamble  and  resolutions  were  unani 
mously  adopted  by  the  Senate. 

JESSE  B.  THOMAS,  Jr. 

Secretary  of  the  Senate. 

ZADOC  CASEY, 

Speaker  of  the  Senate. 


14  DAY  USE 

RN  TO  DESK  FROM  WHICH  BORROWED 

LOAN  DEPT. 


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